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.:
EB420274RO
BATTERY PARK MGMT., RENT ADMINISTRATOR'S
DOCKET NO.:
CL420476S
PREMISES: Apt.5D
165 Christopher 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 9, 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 December 15, 1988 by filing
a complaint asserting that the owner failed to maintain various
services in the subject apartment.
In answer, the owner asserted that all repairs were completed.
Thereafter, a physical inspection of the subject apartment was
conducted on December 14, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated January 9, 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 that
the tenant waived all claims against the owner by virtue of a court
stipulation in a non-payment proceeding.
In answer, the tenant stated that the non-payment proceeding was
EB420274RO
dismissed by virtue of the owner's failure to abide by the
stipulation and to provide services.
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 14, 1989
inspection which confirmed the existence of defective conditions.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The Commissioner finds the owner's contentions, which are disputed
by the tenant, not raised in the proceeding below prior to the
issuance of the order and beyond the scope of review.
The owner may apply for a rent restoration if the facts so warrant.
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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