STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
EB210030RO
LUDWIK SZULC, RENT ADMINISTRATOR'S
DOCKET NO.:
CK210374S
PREMISES: Apt.8L
207 12th. Street
Brooklyn, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 11, 1990 concerning the
housing accommodations relating to the above-described docket
number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on November 25, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In answer, the owner denied in substance the allegations of the
complaint or otherwise asserted that services were being
maintained.
Thereafter, a physical inspection of the subject apartment was
conducted on December 28, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated January 11, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that he never received the complaint and the tenant
refused access for repairs.
EB210030RO
A copy of the petition was mailed to the tenant.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction upon application by the tenant
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's determination based on
the December 28, 1989 physical inspection which confirmed the
existence of defective conditions, warranting a rent reduction.
The contention that the owner never received the complaint is
belied by the record which shows the owner answering same. The
claim that the tenant refused access was not raised or
substantiated in the proceeding below prior to the issuance of the
Administrator's order, and is thus beyond the scope of
administrative review.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is ,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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