FC210301RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FC210301RO
(Refile of FB210256RO)
RAFYANA REALTY CORPORATION
RENT ADMINISTRATOR'S
DOCKET NO.: EJ210426S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed and perfected a timely petition for
administrative review of an order issued on February 9, 1991
concerning the housing accommodations known as 2822 Brighton 8th
Street, Apartment A10, Brooklyn, New York, New York, wherein the
Rent Administrator determined that certain conditions found in the
subject building constituted building-wide services decreases. A
copy of the petition was served on the tenant.
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, an inspection of the subject premises was conducted by
a DHCR inspector who reported that an apartment door bell was not
provided, that the front entrance "bell" was defective, and that
the bathtub stopper was missing.
DD130295RO
The Rent Administrator directed restoration of these services, and
further, ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner reiterates the
assertions below that an apartment door bell and viewer had been
installed, and states that a new intercom system is being installed
in the subject building.
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 automatic stay of the retroactive rent abatement that resulted
due to the filing of this petition is vacated upon issuance of this
order and opinion.
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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