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.:EC410196RO
Bo Hing Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.:CL410197S
SUBJECT PREMISES:
118 Madison Street
Apt. 4
New York, NY
PETITIONER
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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 23, 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 December 21, 1988 by filing
a complaint asserting that the owner had failed to maintain inter
alia adequate hot water services, extermination services, painting
and plastering throughout the apartment, and a broken window in the
kitchen.
In an answer filed on January 18, 1989, the owner denied the
allegations and otherwise asserted that services are being provided
and maintained. The owner also asserted, without substantiation,
that the tenant fails to call the regular exterminating service
which is available.
Thereafter, on February 7, 1990, a physical inspection of the
subject apartment was conducted by a DHCR staff member who confirmed
the existence of inadequate hot water, mice and roach infestation,
peeling paint and plaster throughout the apartment and a broken
glass on the storm window in the apartment.
By an order dated February 23, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that on November 2, 1989, the
Administrator issued an order under docket number CL430053B which
granted a building-wide rent reduction for rat and roach
infestation; and that on April 10, 1989, the Administrator
terminated a building-wide heat/hot water complaint under docket
number CL410084HW based on a February 15, 1989 inspection revealing
adequate heat/hot water services.
EC410196RO
DHCR mailed a copy of the petition to the tenant who asserted in
substance that the defective conditions continue to exist.
After careful consideration, the Commissioner is of the opinion that
the petition should 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 services.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the February 7,
1990 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
With regard to the owner's allegations of a similar rent reduction
in 1989, the Commissioner notes that such rent reduction was based
on a building-wide physical inspection and concerned building-wide
defects which are entirely different from the conditions in this
individual apartment.
With regard to the terminated building-wide heat/hot water
complaint, the Commissioner notes that such termination was based on
a physical inspection conducted nearly a year before the inspection
in the instant proceeding.
The Commissioner notes the status of the owner's rent restoration
applications as follows: EC410059OR denied on September 24, 1990,
EJ410155OR denied on May 21, 1991, FE410183OR denied on December 2,
1991 and FL410168OR denied on August 26, 1993.
THEREFORE, in accordance with the Rent Stabilization Law and Code
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:
Lula M. Anderson
Deputy Commissioner
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