EC 610130 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EC 610130 RO
DISTRICT RENT ADMINISTRATOR'S
AARON BAUER, DOCKET NO.: CJ 610809-S
2020 Walton Avenue, Apt. 4A
PETITIONER Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a Petition for Administrative
Review of an order issued concerning the housing accommodations
relating to the above-described docket number.
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 the proceeding below on October 21, 1988, by
filing a complaint of a decrease in services, asserting that there
was a leak in the bathroom which adversely effected the
electricity in the bathroom, bedroom and livingroom.
On November 29, 1988, the owner interposed an answer to the
tenant's complaint, stating in pertinent part, that the tenant had
failed to provide access to the subject apartment for the purpose
of restoring services.
On December 12, 1988, a physical inspection was conducted by a
DHCR inspector. The inspector stated in his report the following:
there was no evidence of any leaks in the bathroom, but that the
ceiling was cracked and bulging, and approximately 2'x4' of the
bathroom ceiling had fallen, and other parts were in danger of
falling, and that this was a hazardous condition. The inspector
went on to state in his report that the electricity was restored
in the livingroom, bathroom and bedroom.
On December 30, 1988, the Rent Administrator issued an order,
based on the physical inspection, reducing the stabilization rent.
In his petition for administrative review, the owner states, in
substance, that all repairs were resolved as in the complaint and
that the services which were found not to be maintained were not
in the complaint.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Despite the owner's assertions, the defective conditions found
upon physical inspection are an expected consequence of the
EC 610130 RO
conditions stated in the initial complaint. Thus, the
Commissioner finds the order here under appeal was warranted.
This order is issued without prejudice to the owner's right to
file an application for a restoration of rent, based on a
restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA