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.:
EC230043RO
Heights Management, RENT ADMINISTRATOR'S
DOCKET NO.:
DB230122B
PREMISES:
288 Clinton St.
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 February 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.
Various tenants commenced the proceeding below by filing on January
30, 1989 a complaint asserting that the owner had failed to
maintain certain services in the building.
In answer, the owner denied the allegations in the complaint and
otherwise asserted in substance that it was providing and
maintaining the questioned services in the building.
Thereafter, a physical inspection of the subject building was
conducted on November 30, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated February 26, 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 services are being provided and maintained
regularly.
In answer, a tenant denied the allegations in the petition.
EC230043RO
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 owner's petition does not establish any basis for modifying or
revoking the Administrator's determination based on the November
30, 1989 inspection which confirmed the existence of defective
conditions, warranting a rent reduction. The allegation of repairs
is belied by the inspection report in the proceeding below and
unsubstantiated in the petition.
The order 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 Law and Code,
it is ,
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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