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.:
EC620098RO
Michael Laub, RENT ADMINISTRATOR'S
DOCKET NO.:
DA620465S
PETITIONER PREMISES: Apt.3C
2842 Grand Concourse
Bronx, NY
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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 5, 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 on January 23, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that repairs were
undertaken. The owner also stated without any substantiation that
the tenant refused access.
Thereafter, a physical inspection of the subject apartment was
conducted on January 23, 1990 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated February 5, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
EC620098RO
In the petition for administrative review, the owner repeats his
contentions in the proceeding below.
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
authorized 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 to
revoke or modify the Administrator's determination based on the
January 23, 1990 which confirmed the existence of defective
conditions, warranting a rent reduction. His answer that repairs
were completed was belied by the inspection report and is
contradictory to his claim of denied access.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The rent restoration application (ED620059OR) was denied on
December 31, 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, 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 Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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