DOCKET NUMBER: EJ-110019-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.: EJ-110018-RO
KINGSWOOD MANAGEMENT CORP. C/O DRO DOCKET NO.: ZEE-110106-S
SAUL B. SCHNEIDER,
ORDER AND DETERMINATION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 5, 1990, the above-named owner filed a petition for
administrative review against an order issued on September 25, 1990, by
the District Rent Administrator at Gertz Plaza, 92-31 Union Hall Street,
Jamaica, NY, wherein the Administrator reduced the rent due to diminutions
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.
On May 14, 1990, the tenant (Anna Goldstein) commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
On May 16, 1990, the petitioner-owner was mailed the tenant's complaint by
DHCR at the petitioner-owner's address as correctly stated in the record.
Although duly notified to do so, the petitioner-owner failed to respond to
the tenant's complaint.
Thereafter, an inspection of the subject apartment was conducted on July
23, 1990 by a D.H.C.R. inspector who confirmed that the bathroom ceiling
is stained, has cracks and bulges; and that the entire apartment is in
need of painting.
The Rent Administrator directed restoration of these services and further
ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that the order appealed from is based on factual errors and
should be reversed.
After careful consideration, the Commissioner is of the opinion that the
petition should be denied.
Despite the owner's assertions, the record clearly show that a physical
inspection confirmed the existence of the defective conditions. The
DOCKET NUMBER: EJ-110018-RO
owner's petition merely denies without proof the Administrator's finding
and does not even state whether repairs were made.
THEREFORE, in accordance with the Rent Stabilization Law and Code and the
Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
District Rent Administrator's order be, and the same hereby is, affirmed.