ADM. REVIEW DOCKET NO.: FJ 110126 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FJ 110126 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
EC 110198 S
SUKAINA REALTY CORP/
SADIQUE JAFFER SUBJECT PREMISES:
33-17 82nd Street,
Apt. 51, Jackson Heights,
NY
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on September 18, 1991
concerning the housing accommodation relating to the above-
described docket number, wherein the Administrator ordered a rent
reduction based on a finding that the owner had not provided or
maintained certain services.
The Commissioner has reviewed all of 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 22, 1990 by
filing a complaint asserting that the owner had failed to maintain
numerous services in the subject apartment.
A copy of the tenant's complaint was transmitted to the owner
at the correct registered address on June 24, 1991.
The Administrator's file does not contain any answer to the
complaint.
ADM. REVIEW DOCKET NO.: FJ 110126 RO
Thereafter on September 9, 1991, a physical inspection of the
subject apartment was conducted by a DHCR staff member who reported
that the top sash of the kitchen window is falling down; that the
kitchen wall above the stove has peeling paint and plaster due to
past leaks; that the kitchen wall in general has peeling paint and
plaster, cracks and a hole; that there is evidence of an odor
coming from the area of the radiator in the dining room; and that
the wall under the window of the large bedroom is water-stained and
peeling paint and plaster.
Based on this inspection, the Administrator ordered a
reduction of the stabilized rent.
In this petition, the owner contends in substance that it
never received the tenant's complaint; that had it received the
complaint, it would have replied that extensive window work and
waterproofing had already been done; and that there is no basis for
a finding of decreased services because all repairs were done
before the order was issued.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
A review of the record reveals that a copy of the tenant's
complaint was transmitted on June 24, 1991 to the owner's correct
address (i.e. "Sukaina Realty Corp./Sadique Jaffer, 4700 76th
Street, Elmhurst, NY 11373"), which is the same address used by the
owner in the petition. Thus, the Commissioner finds that the owner
was served with the complaint and the contention of non-receipt is
without merit.
The owner's contentions that repairs to correct the leaks and
water damage were made in 1990 and that new windows were installed
in 1991 are belied by the report of the Division's inspector.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site inspection conducted on September 9, 1991; and that
pursuant to Section 2523.4(a) of the Code, a rent reduction is
warranted.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application with the Division
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, 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,
ADM. REVIEW DOCKET NO.: FJ 110126 RO
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
