EH 810238-RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EC610131RO
(Refile of EA610268RO)
Grandecks Associates/ RENT ADMINISTRATOR'S
David Hammerman, DOCKET NO.: CJ610493S
PETITIONER PREMISES: Apt. 2G
2855 Grand Concourse
Bronx, NY
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition
for administrative review (PAR) against an order of the Rent
Administrator issued on December 15, 1989 concerning the housing
accomodations related to the above-described housing accomodations.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding on October 7, 1988 by
filing a complaint asserting that the owner had failed to maintain
the refrigerator in the subject apartment; and as a result, she was
forced to eat out for a number of days.
In answer, the owner asserted that the refrigerator was
repaired. The owner attached a copy of a bill dated October 14,
1988, indicating that the repairman supplied the necessary
refrigerant.
Thereafter, a physical inspection of the subject apartment was
conducted on October 13, 1989 by a DHCR staff member who confirmed
that the refrigerator gasket needed to be replaced.
By an order dated December 15, 1989, the Administrator
directed the restoration of services and ordered a reduction of the
stabilized rent.
In the petition for administrative review, the owner contends
in substance that it had not received the tenant's complaint and
that it had repaired the defective refrigerator.
In answer, the tenant denied in substance the allegation of
repairs.
EH 810238-RO
EC610131RO
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 for
modifying or revoking the Administrator's determination based on
the October 13, 1989 physical inspection which found that the
refrigerator gasket needed to be replaced. The allegation that it
had not received the complaint is belied by the record showing that
the owner answered the complaint.
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
the Order and Opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
