FI 110075 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.: FI 110075 RO
VAN KLEECK ASSOCIATES, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FC 110396-S
SUBJECT PREMISES:
51-25 Van Kleeck St., Apt. No. 4G
PETITIONER Elmhurst, New York 11373
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on August 5, 1991, 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 March 19, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on April 17, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that all required services are being provided and that
the tenant only has to contact the owner if repairs have to be
done.
Thereafter on July 25, 1991, the subject apartment was inspected
by DHCR which confirmed the existence of defective conditions.
The Administrator directed on August 5, 1991 restoration of these
services and reduction of the stabilized rent.
In this petition, the owner contends in substance that it was not
informed of the defective conditions by the tenant; that these
conditions "were immediately attended to" when DHCR informed the
owner; that the tenant withdrew the complaint before the
inspection and the order's issuance; and that the conditions are
minor, not warranting a rent reduction.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's contentions in the petition are without merit. The
owner was duly informed by and answered the tenant's complaint.
There is no evidence in the record that the tenant withdrew the
complaint. The inspection disclosed that the owner failed to
attend to the defective conditions. The conditions enumerated in
FI 110075 RO
the Administrator's order are not minor matters, but decreased
services warranting rent reduction.
This Order and Opinion is issued without prejudice to the owner's
filing an application with DHCR for rent restoration based on
restoration of services, if the facts so warrant.
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 Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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