EL 110233 RO
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.: EL 110233 RO
S. Sirulnick DISTRICT RENT ADMINISTRATOR
Ditmas Management, DOCKET NO.: DJ 110379 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 19, 1990, the above-named petitioner filed a Petition
for Administrative Review against an order issued on November 30,
1990 by the Rent Administrator of the Gertz Plaza, Jamaica,
District Rent Office, concerning the housing accommodations known
as 1012 Nameoke Street, Apt. 4D, Far Rockaway, New York.
The Administrative Appeal is being determined pursuant to the
provisions of 9NYCRR 2523.4.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
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 by the administrative appeal.
On October 4, 1989 the tenant filed a complaint of decrease in
services, alleging among other conditions complained of, the
following: vermin infestation and holes in the walls.
In its answer, dated December 21, 1989, the owner responded to
the above complaint by stating that exterminating services are
available.
On November 16, 1990 a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report
confirmed existence of some of the complained of conditions, but
not of others.
On November 30, 1990, the Rent Administrator issued an order
based on the report of the physical inspection, reducing the
legal regulated rent by the percentage of the most recent
guidelines adjustment for the tenant's lease which commenced
before December 1, 1989, the effective date of the order, and
directing the owner to refund to the tenant all amounts collected
in excess of the reduced rent since the above mentioned
effective date.
In its petition, the owner contends that these defects that the
inspector found were minor in nature, and would be repaired by
regular maintenance. The owner further contends that one of the
EL 110233 RO
inspectors findings (a gap between the baseboard and the wall)
should not be considered, since this condition was not complained
of by the tenant.
The Commissioner is of the opinion that this petition should be
denied.
Despite the owner's assertions, the physical inspection report
disclosed the complained of conditions existed and, the
Commissioner finds that the rent reduction is warranted.
An examination of the record reveals that, in his complaint,
tenant complained, among other things, about "holes in the
walls," and that the DHCR inspector was instructed to look for
holes in the walls. A logical connection exists between a search
for holes in the wall and a finding of a gap between the wall and
baseboard.
This order is issued without prejudice to the owner's right to
file the appropriate application for restoration of the rent, if
the facts so warrant.
THEREFORE, in accordance with the provisions of 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 order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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