Docket Number: FD-430151-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.: FD 430151-RO
:
DAVID LEVINE, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EJ 420061-HW
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 17, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 26, 1991,
concerning t e 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 administrative appeal.
On October 22, 1990, various tenants commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
Although duly notified to do so on November 14, 1990, the owner
failed to respond to the tenants' complaint.
On November 20, 1990, the tenants filed a statement with DHCR,
affirming that the owner had continued to fail to maintain services.
Thereafter on November 29, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On March 26, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that (it was "not given an opportunity to rebut" the
inspection and to correct the situation).
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record shows that the owner, though duly notified to do so on
November 14, 1990, failed to respond to the tenants' complaint; and
that on November 29, 1990, inspection of the subject housing
Docket Number: FD-430151-RO
accommodation disclosed defective conditions. Moreover, the owner
had six months from service of the tenants' complaint until the
issuance of the Administrator's order to investigate and to repair
if necessary, but the owner failed to do so.
Accordingly, the Commissioner finds that the Administrator properly
relied on the results of the inspection; and that, based thereon,
the Administrator properly determined that the owner had failed to
maintain services and properly reduced the tenants' rent.
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application for restoration of rent
based upon the restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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