EG210369RO
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.: EG210369RO
WILMAUD REALTY CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.: BJ210076B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 16, 1990, the above-named petitioner-owner filed a petition
for administrative review of an amended order issued on June 14,
1990, originally issued on May 18, 1988, by the Rent Administrator,
concerning the housing accommodation known as 305 Martense Street,
Apt. #4C, Brooklyn, New York 11219, wherein the Administrator
determined that the owner had failed to maintain required services,
specifically, that the mail boxes were broken and there was no lock
in the roof door.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The proceeding was commenced by the filing of a complaint of
decrease in services on October 28, 1987, alleging, among other
things, that the front and roof doors do not lock, creating a
safety menace. The owner was served with a copy of the tenant's
complaint on December 7, 1987, but failed to respond.
Thereafter, on March 4, 1988, an inspection of the building
confirmed the lack of a lock on the roof door, and the broken
mailboxes, resulting in the administrator's order of May 18, 1988
reducing the rent and directing a restoration of services.
In the petition for administrative review, the owner states that it
purchased the property on September 28, 1988, that since then all
repairs have been made to the building and to individual
apartments, and that the roof door has been made self closing, but
a lock is prohibited by the Fire Department as the roof door is an
emergency exit.
EG210369RO
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 required
services. The owner's petition, which simply asserts that all
repairs have now been made, does not establish any basis for
modifying or revoking the Administrator's order which determined
based on a physical inspection that the owner was not maintaining
required services and confirmed the existence of defective
conditions in the subject building for which a rent reduction is
warranted.
The Commissioner notes that while the Administrator's order refers
to a roof door lock, it should be taken to mean a self closing or
self latching door, which the owner states has now been installed.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
DEPUTY COMMISSIONER
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