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.:EK210236RO
George Mallouk, RENT ADMINISTRATOR'S
DOCKET NO.:DI210786S
SUBJECT PREMISES:
3101 Avenue I
Apt. 1N
Brooklyn, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on November 5, 1990 concerning the housing
accommodations relating to the above-described docket number.
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 on September 29, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment. The tenant did not check the box
requesting a rent reduction.
In answer, the owner asserted in substance that repairs were being
done.
On October 2, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated November 5, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done; that services are being provided and maintained; and that the
tenant did not request a rent reduction.
In answer, the tenant stated that he appreciated the work of the
inspector and the rent reduction.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted in part and that the Administrator's
order should be modified accordingly.
EK210236RO
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 Commissioner notes that the tenant failed to request
a rent reduction in the original application, and that the tenant
did not dispute this fact. Accordingly, the Administrator's order
directing a reduction of rent is deleted.
However, the owner's petition offered no evidence to rebut the
findings of the physical inspection on October 2, 1990. Pursuant to
Section 26-514 of the Rent Stabilization Law and Section 2527.6 of
the Rent Stabilization Code, the Administrator properly directed the
owner to restore services.
The owner's rent restoration application (FB210169OR) was denied on
October 30, 1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby is,
modified in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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