EK 410300 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.: EK 410300 RO
Bren El-Realty DISTRICT RENT ADMINISTRATOR
c/o Pine Management, DOCKET NO.: EH 420530-S
Premises: 108 West 81st St.,
PETITIONER New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued 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 by the petition.
On August 22, 1990, the tenant commenced the proceeding below by
filing a complaint asserting that the owner had failed to
maintain certain services in the subject premises. The
complained of conditions were as follows: leaks in the kitchen
sink and hot water faucet in the bathtub, no paint job of the
subject premises for over five years.
On August 29, 1990, the owner was served with the tenant's
complaint and was afforded an opportunity to review it and twenty
days to comment thereupon.
On September 18, 1990, the owner interposed its answer stating
that as soon as the tenant provides access to the subject
premises, repairs would be performed. The owner further stated
that it had made phone calls and sent a letter to the tenant in
an attempt to gain access.
On October 25, 1990, an inspection was conducted by a DHCR
inspector. The inspection report stated the following: the
kitchen sink waste pipe was broken and leaked under the sink,
the faucets for the kitchen cold water and bathtub hot water
leaked, there was peeling paint and plaster in the bathroom and
the entire apartment needed painting. The inspection report also
stated that the tenant was present for the inspection.
On November 15, 1990, the Administrator issued an order reducing
the maximum legal rent and directing restoration of services.
In its petition for administrative review the owner requests that
the Administrator's order be reversed. The owner states, in
substance, that repairs have been performed.
EK 410300 RO
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 before the order was issued or whether
the contention is that repairs were made folowing the issuance of
the Rent 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, then the Rent Administrator's
order reducing the rent was correct when issued.
The Commissioner notes that on May 21, 1991, under docket number
FA 420138 OR, the owner's application to restore the rent was
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Administrator's order be, and the same hereby is,