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.:
EB620193RO
318 Realty Co./ Warren Levie, RENT ADMINISTRATOR'S
DOCKET NO.:
DK620408S
PREMISES: Apt.1C
65O East 231 St.
Bronx, 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 30, 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 21, 1989 by filing
a complaint asserting that the owner failed to maintain various
services in the subject apartment. In relevant part, the tenant
stated that water from some hot water pipe above her apartment
"poured through the bathroom ceiling and walls."
In answer, the owner denied the allegations in the complaint and
otherwise asserted that services are being provided and maintained;
that the leak was repaired; and that the tenant often refused
access to the owner's workers.
Thereafter, a physical inspection of the subject apartment was
conducted on January 11, 1990 by a DHCR staff member who confirmed
that the bathroom ceiling was open and had signs of leakage; the
bedroom floor appeared to be damaged by flood and had large cracks,
needing repairs.
By an order dated January 30, 1990, the Administrator directed the
restoration of services and ordered the reduction of the maximum
legal rent as follows: $3.00 for the defective bathroom ceiling and
$7.00 for the defective bedroom floor.
EB620193RO
In the petition for administrative review, the owner contends in
substance that it was not aware of the defective bathroom ceiling
in the proceeding below, and that the tenant refused to have the
bedroom floor repaired.
In answer, the tenant denied the allegations in the petition.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been
a decrease in essential services, furnishings or equipment, among
other things.
The petition offered no reason to revoke or modify the
Administrator's determination based on the January 11, 1990
inspection which confirmed the existence of defective conditions,
warranting a rent reduction. Accordingly, the order appealed from
was in all respects proper and is hereby sustained.
The contention that the owner was not aware of the defective
bathroom ceiling is belied by the record. The tenant originally
complained that water from some hot water pipe above her apartment
poured through the bathroom ceiling. The owner did answer that the
leak was repaired.
The Commissioner finds the issue of denied access as
unsubstantiated in the proceeding below and in this petition, and
thus without merit.
The Commissioner notes that the owner's rent restoration
application (EF620219OR) was granted on December 3, 1990.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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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