FK 510264-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.:
FK 510264-RO
DAVID ESHAGHIAN RENT ADMINISTRATOR'S
c/o SOMERSET MANAGEMENT, DOCKET NO.:
ED 510754-S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 12,1991, the above-named owner filed a petition for
administrative review of an order issued on October 23, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment A, 612 West 188th Street, New York, New York
wherein rent was reduced due to a diminution of service.
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 for review.
On April 23, 1990 the subject tenant, filed an application for a
rent reduction based on the owner's alleged failure to maintain
service alleging defective windows, a faucet leak, and a broken
ceiling in his apartment.
On June 11, 1990 the owner interposed an answer to the tenant's
complaint wherein he alleged that all of the conditions would be
corrected.
On September 26, 1991 a physical inspection of the subject apart
ment was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that the
window conditions were as alleged by the tenant.
On October 23, 1991 the Rent Administrator issued the order here
under review finding that a diminution of services had occurred
and reducing the tenant's rent to the level in effect prior to
the last rent guideline increase which commenced before the
effective date of the rent reduction.
In his petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that repairs
FK 510264-RO
have been effectuated. Attached to the petition a e four "Com-
plaint Reports" signed by a certain Randolph Santana, two of
which allege repairs made on September 26, 1991 and October 19,
1991.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the "Complaint Reports" attached to
the owner's petition were not submitted to the Rent Administrator
during the pendency of this proceeding even though they were in
the possession of the owner. The owner has offered no explanation
for his failure to submit them during the original proceeding.
Accordingly, pursuant to Section 2529.6 of the Rent Stabilization
Code, they may not be considered now when offered for the first
time on administrative appeal.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
A tenant may apply to t e DHCR for a reduc-
tion 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 re-
quired 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 September 26, 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 the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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