Docket Number: FH 510065-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.: FH 510065-RO
DISTRICT RENT ADMINISTRATOR'S
LASHMORE MGMT., DOCKET NO.: ZDL 510398-S
SUBJECT PREMISES:
137 W. 137th St., Apt. No. 3J
PETITIONER New York, NY 10030
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 18, 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.
This proceeding was commenced on December 18, 1989 when the tenant
filed a complaint asserting that the owner failed to maintain
certain services in the subject apartment.
In its answer filed on February 27, 1990, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that required repairs had been and will be completed.
Thereafter on May 31, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
The Administrator directed on July 18, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that the tenant
does not first notify the owner about the disrepair but only
complains immediately to DHCR, thus not affording the owner "the
opportunity to correct what problems may arise."
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
It is noted that receipt by the owner of the tenant's complaint is
sufficient notice to the owner; and that the owner had thirteen
months from the service of the tenant's complaint to the issuance
of the Administrator's order to investigate the matter and to do
necessary repairs, but the owner failed to do so.
The owner's allegation that repairs had been performed is not
Docket Number: FH 510065-RO
clear. If the owner contends that repairs had been made before the
apartment was inspected or the order was issued, then it is belied
by the report of the agency inspector. If the owner contends that
repairs were made following the issuance of the Administrator's
order, then the order reducing the rent was correct when issued.
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 District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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