EG610338RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EG610338RO
Shomer Management Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: DF610754S
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 July 20, 1990, concerning the housing
accommodations known as 3555 Bruckner Boulevard, Apartment 12G,
Bronx, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, the DHCR conducted an inspection of the subject
premises. The DHCR inspector observed and reported evidence of
leaks in the kitchen and livingroom walls and a loose sink spout.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In this petition for administrative review, the owner, in
substance, reiterates the assertion below that the roof was
EG610338RO
repaired to eliminate the water leaks and argues that the leaks
reported by the DHCR inspector constituted new conditions of which
the owner did not have any notice. The owner also argues that the
tenant's complaint did not cite a loose sink spout.
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 does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
warranted. The owner's roof repairs were inadequate to prevent
water leakage from recurring. In addition, although the tenant's
complaint did not cite the loose sink spout condition, the
condition appears to be a result of the fact that the repairs to
the sink equipment to correct the complained of conditions were not
completed properly. Service defects are not deemed to be corrected
unless repairs are completed in a workmanlike manner.
Division records also reveal that on May 15, 1991, the Rent
Administrator denied the owner's rent restoration application under
EG610173OR.
The rent will be restored only if a new application to restore rent
is filed and granted.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance hereof.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and that the Rent Administrator's order be
and the same hereby is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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