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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.:
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HERBERT HOROWITZ,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DE210422S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely Petition for Administrative
Review (PAR) of an order issued on July 31, 1990, concerning the
housing accommodations known as 1177 East 98th Street, Apartment
5-K, Brooklyn, New York, wherein the Rent Administrator determined
the tenant's complaint of decreased services in the subject apart-
ment.
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 as-
serting that the owner had failed to maintain certain services in
the subject apartment. In pertinent part, the tenant complained of
water seepage through the windows and walls of the living room and
bedroom.
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 Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject apartment. The DHCR
inspector reported that bedroom and living room walls and ceiling
had areas of peeling paint and plaster in the areas of the windows,
but noted that there was no evidence of water leaks. The inspector
also confirmed that other defective conditions had been repaired.
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The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In this Petition for Administrative Review (PAR), the tenant in
substance, contends that the conditions found by inspection upon
which the rent reduction was based, were not the conditions cited
in the complaint, and requests that the order be amended to include
water seepage.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenant's petition does not establish any basis for modifying
the Rent Administrator's order. The inspector reported that there
was no water seepage into the apartment at the time of the
inspection. Moreover, it is clear that prior water seepage was the
proximate cause of the peeling paint and plaster conditions
reported by the inspector, for which a rent reduction was properly
granted.
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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