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.:
EB210032RO
Leon Goldstein, RENT ADMINISTRATOR'S
DOCKET NO.:
CH210780S
PREMISES: Apt.20
177 16th. 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 3, 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 on September 13, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment. In relevant part, the tenant
mentioned the existence of rodents and the lack of exterminating
services.
On October 25, 1988, a copy of the complaint was served on the
owner.
On November 14, 1988, the owner requested an extension to file an
answer.
In an answer filed on November 22, 1988, the owner denied the
allegations in the complaint and otherwise asserted that services
were being maintained.In relevant part, the owner asserted that
extermination services are provided monthly on the last Saturday
when most tenants would be at home, and the tenant only provided
access twice during the period of January 1988 through October
1988.
Thereafter, a physical inspection of the subject apartment was
conducted on December 14, 1989 by a DHCR staff member who confirmed
EB210032RO
the existence of roach infestation in the bathroom.
By an order dated January 3, 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 proved in the proceeding below prior to the
issuance of the Administrator's order that the tenant refused
extermination services; and the tenant originally complained of
roaches in the kitchen, not in the bathroom.
A copy of the petition was mailed to the tenant on April 2, 1990.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied and the Administrator's order
affirmed.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination that the owner
was not maintaining required services based on a physical
inspection which confirmed the existence of defective conditions,
warranting a rent reduction. The record fails to establish that the
tenant refused access to exterminating services. The record shows
that the tenant did complain about rodents including roaches in the
bathroom. Accordingly, the Commissioner finds that the order
appealed from was proper in all respects and is hereby sustained.
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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