ADM. REVIEW DOCKET NO.: FJ 220110 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.:
FJ 220110 RO
:
RENT
ADMINISTRATOR'S DOCKET
NO.: DL-220389-S
ALLSTATE REALTY/JOSEPH SPITZER,
SUBJECT PREMISES:
3120 Brighton Fifth
Street, Apt. No. 2H,
PETITIONER : Brooklyn, 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 August 22, 1991,
concerning the housing accommodations relating to the above-
described docket number.
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 December 22, 1989 by
filing a complaint asserting that "there have been several leaks
from the bathroom ceiling for a month which make the bathroom
virtually unusable."
In its answer filed on January 24, 1990, the owner stated
inter alia that all items complained of have been taken care of.
A physical inspection of the subject apartment was conducted
on August 8, 1991 by a DHCR staff member who reported that the
bathroom ceiling was plastered but requires painting, and that
there is cracked plaster near the light fixture, exposing the
taping.
Based on this inspection, the Administrator directed the
restoration of services and further ordered a reduction of the
maximum legal rent by $5.00 per month.
ADM. REVIEW DOCKET NO.: FJ 220110 RO
In this petition, the owner submits a work order dated August
23, 1991, wherein the tenant acknowledged that the bathroom was
painted and that the electrical short in the bathroom was fixed.
This service request was received on August 23, 1991 and dispatched
on the same day.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition admits that repairs were made subsequent
to the issuance of the Administrator's order. Accordingly, the
order appealed from, which is based on a physical inspection
finding decreased services, was correct when issued and the
Administrator properly ordered a rent reduction.
The owner is advised to file an application for rent
restoration based on the restoration of services if the facts so
warrant.
THEREFORE, in accordance with the Rent and Eviction
Regulations, 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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