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.:
EB410228RO
LENOX HILL DEV. CORP., RENT ADMINISTRATOR'S
DOCKET NO.:
DK410554S
PREMISES: Apt.5D
330 East 71 St.
New York, 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 26, 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 November 30, 1989 by filing
a complaint asserting that the owner failed to maintain various
services in the subject apartment.
In answer, the owner asserted in substance that all repairs were
being completed.
Thereafter, a physical inspection of the subject apartment was
conducted on December 22, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated January 26, 1990, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
rent.
In the petition for administrative review, the owner contends in
substance that the tenant refused access and allowed repairs only
subsequent to the issuance of the order.
EB410228RO
In answer, the tenant stated in substance that the owner failed to
schedule with the tenant a date for repairs, and that repairs were
performed after the order's issuance.
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 the tenant's application
where it is found that the owner failed to maintain required
services.
The petition offered no reason to revoke or modify the
Administrator's determination based on the December 22, 1989
inspection which confirmed the existence of defective conditions.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The issue of denied access was not raised in the proceeding below
prior to the issuance of the order and are therefore beyond the
scope of review.
The owner's rent restoration application (EB410138OR) was granted
on December 28, 1990.
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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