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.:
EB610198RO
Finkelstein-Morgan Real Estate, RENT ADMINISTRATOR'S
DOCKET NO.:
DJ610276S
PETITIONER PREMISES: Apt.5B
984 Sheridan Ave.
Bronx, NY
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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 24, 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 October 17, 1989 by filing
a complaint asserting that the owner failed to maintain various
services in the subject apartment.
DHCR transmitted on October 25, 1989 a copy of the complaint to the
owner.
Thereafter, a physical inspection of the subject apartment was
conducted on January 9, 1990 by a DHCR staff member who confirmed
that the stove oven door would not close completely.
By an order dated January 24, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
EB610198RO
In the petition for administrative review, the owner contends in
substance that a stove oven door which did not close completely was
de minimis and the condition was repaired by a stove repair company
on February 6, 1990.
DHCR mailed a copy of the petition 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 a tenant,
where it is found that an owner has failed to maintain required
services. The petition does not establish any basis to revoke or
modify the Administrator's determination based on the January 9,
1990 inspection which confirmed the existence of a stove oven door
which did not close completely. The defective stove oven door is a
decreased service, warranting a rent reduction.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
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 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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