FI 110186-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FI 110186-RO
RENT ADMINISTRATOR'S
STEPHEN GOLLER/ DOCKET NO.:
HAMILTON HALL REALTY FB 110136-S
PREMISES:
37-05 88th St., Apt. A-2
PETITIONER Jackson Heights, NY
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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 June 6, 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 February 7, 1991 by
filing a complaint asserting that the owner had fail d to main-
tain numerous services in the subject apartment including, but
not limited to, evidence of roaches and rats and a bathroom
window in need of putty.
In its answer filed on April 1, 1991, the owner asserted inter
alia that extermination took place in the apartment on March 19,
1991 and April 16, 1991; and that new windows are to be installed
throughout the building as evidenced by a proposed contract that
the owner submitted.
Thereafter on April 29, 1991, the subject apartment was in-
spected by a Division of Housing and Community Renewal (DHCR)
staff member who reported that there is "evidence of roaches in
the kitchen" and that the bathroom window is "in need of putty".
The Administrator directed restoration of services and a
reduction of the stabilized rent.
FI 110186-RO
In this petition, the owner contends without documentation that
"extermination took place in the above-subject premises on March
19, 1991 and April 16, 1991," and that t e bathroom window re-
quires minor repair which does not warrant a rent reduction.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It is noted that the owner had already filed a rent restoration
application, which was denied by the Administrator under Docket
No. ZFI 11011-OR issued on April 29, 1992. This Order and
Opinion is issued without prejudice to the owner's rights to file
another rent restoration application when all repairs are com-
pleted.
Section 2523.4 of the Rent Stabilization Code requires DHCR to
order a rent reduction, upon application by the tenant, where it
is found that the owner h s failed to maintain required ser-
vices. Section 2520.6(r) defines required services to include
repairs and maintenance as well as all space and services
provided on the applicable base date or provided or required to
be provided thereafter by applicable law.
In the instant case, the physical inspection revealed evidence of
roach infestation and a defective bathroom window; and based on
these conditions, the rent reduction ordered by the Administrator
is warranted and must be affirmed. The owner submitted no proof
to support the allegation that exterminating servic s were pro-
vided and even if such services were provided on March 19 and
April 16, 1991, they could not have been effective if the
inspector found evidence of roaches on April 29, 1991. The
bathroom window was also found to be defective and if a minor
repair is all that is required, as the owner contends, such
repair should have been attended to pending the proposed
installation of new windows.
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
Acting Deputy Commissioner
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