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.:
EC520364RO
(Refile of CL520025RO)
2 Thayer Street Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.:
CI520013S
PREMISES: Apt.3J
2 Thayer St.
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 November 17, 1988 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 September 7, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
On September 14, 1988, DHCR mailed a copy of the complaint to the
owner with a warning that "failure to file an answer within twenty
(20) days from the date appearing on this notice shall be
considered a default and may result in a determination based on the
record as presently before the agency."
Twenty days elapsed from September 14, 1988, and the owner had not
filed an answer to the complaint.
Thereafter, a physical inspection of the subject apartment was
conducted on September 22, 1988 by a DHCR staff member who
confirmed the existence of defective conditions.
In an answer filed on October 19, 1988, the owner asserted in
substance that repairs were completed in "the middle of September
1988."
EC520364RO
EC520364RO
By an order dated November 17, 1988, the Administrator directed the
restoration of services and ordered a rent reduction as follows:
1. The refrigerator was missing two shelves.
The lower door cabinet handle of the
refrigerator was missing. $5.00
2. The kitchen sink was warped and the
floor cabinet of the sink was rusted. $2.00
3. The kitchen sink had low cold water
pressure. $2.00
TOTAL $9.00
In the petition for administrative review, the owner contends in
substance that repairs were completed prior to the issuance of the
Administrator's order.
On May 29, 1990, DHCR mailed a copy of the petition to the tenant.
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
any basis to modify or revoke the Administrator's determination
based on a September 22, 1988 physical 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 (CL510196OR) was granted on May 17, 1989.
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.
EC520364RO
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
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