EB110269RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
EB110269RO
GRANDWAY ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DK110066S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on February 5, 1990, concerning the
housing accommodations known as 61-20 Grand Central Parkway,
Apartment C-1408, Queens, New York, wherein the Rent Administrator
determined the tenant's complaint of decreased services.
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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment in that exhaust vent fans did not work
properly or only intermittently, resulting in the presence of foul
odors.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed in that automatic timers would be re-
calibrated as needed.
Thereafter, the Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject apartment. The DHCR
inspector observed and reported that the exhaust fans for the
kitchen and bathroom vents were not working.
The Rent Administrator directed the owner to restore these services
and further, ordered a reduction of the stabilization rent.
EB110269RO
In this petition for administrative review, the owner, in substance
reiterates assertions below that the exhaust fans are controlled by
an automatic timers and asserts that they have been adjusted to
eliminate any odor problems.
In an answer the tenant disputes the owner's claims that timing
adjustments were sufficient to eliminate the odor problems.
After careful consideration, the Commissioner is of the opinion
that the petition must be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective condi-
tions in the subject apartment for which a rent reduction is
warranted.
The owner may file a rent restoration application if the facts so
warrant.
Division records also reveal that the Rent Administrator denied the
owner's rent restoration applications under Docket Nos. FD110216OR,
FE110036OR, and GB110009OR.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with 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:
LULA M. ANDERSON
Deputy Commissioner
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