EC120400RO
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.: EC120400RO
RENT ADMINISTRATOR'S
A. Haber Mgmt. Corp., DOCKET NO.: DB120602S
PREMISES: Apt.R2
25-10 30th Rd.
PETITIONER Astoria, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely Petition for Adminis-
trative Review (PAR) against an order issued on February 15, 1990,
concerning the housing accommodations relating to the above-
described docket number.
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 on February 17, 1989 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 in the complaint and
otherwise asserted in substance that services were being provided
and maintained.
Thereafter, a physical inspection of the subject apartment was
conducted on February 5, 1990 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated February 15, 1990, the Administrator directed the
restoration of services and ordered a reduction of the maximum
legal rent.
In the petition for administrative review, the owner contends in
substance that repairs were performed prior to the issuance of the
order.
EC120400RO
In answer, the tenant asserted that defective conditions 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 essential services. The owner's petition does not
establish any basis to modify or revoke the Administrator's
determination based on the February 5, 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 Commissioner notes that the owner's rent restoration
application (EC120125OR) was granted in part on September 25, 1990.
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, pursuant to the Rent and Eviction Regulations and
Operational Bulletin 84-1, 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
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