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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
EC110383RO
Ramesh Sarva, RENT ADMINISTRATOR'S
DOCKET NO.:
CL110443S
PREMISES: Apt.3G
65-38 Booth St.
Rego Park, NY
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 7, 1990 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 in this petition.
The tenant commenced the proceeding below on December 30, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In answer, the owner denied the allegations of the complaint and
otherwise asserted that services were being provided and
maintained.
Thereafter, a physical inspection of the subject apartment was
conducted on January 25, 1990 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated February 7, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that repairs were completed.
In answer, the tenant stated that repairs were performed in an
EC110383RO
EC110383RO
unworkmanlike manner and that inadequate services continue to
exist.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been
a decrease in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based
on the January 25, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction. Accordingly, the
order appealed from was in all respects proper and is hereby
sustained.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
