ADM. REVIEW DOCKET NO.: FK 110138 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.:
FK 110138 RO
: RENT ADMINISTRATOR'S
DOCKET NO.:
FG 110448 S
PREMISES: 41-01 67th
Street,
Apt. 14
Woodside, N.Y.
WILLIAM HAUGH,
PETITIONER :
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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 concerning the housing
accommodation 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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In his answer, the owner denied the allegations set forth
in the tenant's complaint or otherwise asserted that all required
repairs had been completed.
Thereafter, an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Rent Administrator directed restoration of these
services and further ordered, a reduction of the stabilization
rents.
In its petition for administrative review, the owner states,
that extermination service is provided and that the tenant did
not request floor coverings.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
ADM. REVIEW DOCKET NO.: FK 110138 RO
The tenant's complaint of a hole in the bathroom floor and
vermin infestation in the apartment was served upon the owner on
August 5, 1991.
The owner had more than two months from the date of service
of the tenant's complaint until the issuance of the
administrator's order to investigate the tenant's complaints and
to make the necessary repairs, but failed to do so. The owner
has offered no evidence to suggest that the tenant ever denied
access to the apartment.
Pursuant to Section 2523.4(a) of the Rent Stabilization
Code, A tenant may apply to the DHCR for a reduction of the legal
regulated rent to the level in effect prior to the most recent
guidelines adjustment and the DHCR shall so reduce the rent for
the period for which it is found that the owner has failed to
maintain required services.
Required services are defined in section 2520.6(r) to
include repairs and maintenance.
The Commissioner finds that the administrator properly
based his determination on the entire record; including the
results of the on-site physical inspection conducted on October
21, 1991 and that pursuant to Section 2523.4(a) of the Code, the
administrator was mandated to reduce the rent upon determining
that the owner had failed to maintain services.
This Order and Opinion is issued without prejudice to the
owner's rights as they may pertain to an application to the
Division for a restoration of rent based upon the restoration of
services.
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 Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ADM. REVIEW DOCKET NO.: FK 110138 RO
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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