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-110019-RO
ANN BENDICK REALTY C/O DRO DOCKET NO.: ZDG-110122-S
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 5, 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
This administrative appeal is being determined pursuant to the provision
of 9 NYCCR 2520.6(r) and 9 NYCRR 2523.4.
The issue herein is whether there was a decrease in service, warranting a
reduction of the legal regulated rent.
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 July 6, 1989, the tenant (Francisco Fargas) commenced this proceeding
by filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer dated August 8, 1989, the owner denied the allegations set
forth in the tenant's complaint or otherwise asserted that all required
repairs had been or will be completed.
Thereafter, an inspection of the subject apartment was conducted on June
13, 1990 by a D.H.C.R. inspector who confirmed the existence of defective
1) Bathroom ceiling and walk repaired in an unworkmanlike manner;
2) Adjacent wall in the dinette has hairline cracks and
unpainted plaster; and
3) Defective windows throughout the apartment in the kitchen,
the living room and the bedroom.
DOCKET NUMBER: EJ-110019-RO
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 all repairs were made and should have been completed in
October 1990 but the tenant refused access.
After careful consideration, the Commissioner is of the opinion that the
petition should be denied.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was inspected
or the order was issued or whether the contention is that repairs were
made following the issuance of the Administrator's order. If it is the
former, then the owner's allegation is belied by the report of the agency
inspector. If it is the latter, the Administrator's order reducing the
rent was nevertheless correct when issued, and this order is issued
without prejudice to the owner filing a restoration of services
The Commissioner finds the petitioner-owner's contention about the tenant
refusing access without proof and without merit.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and that the order of the Administrator be, and same
hereby, is affirmed.