ADM. REVIEW DOCKET NO.: FL 210075 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.:
FL 210075 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.: FC 210119 S
PREMISES: 1408 Sterling
Place, Apt. 4,
MARTIN KIRZNER Brooklyn, N.Y.
c/o STERLING REALTY CO.,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
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 its answer, the owner denied the allegations set forth in
the tenant's complaint or otherwise asserted that all required
repairs had been or would be 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 rent.
ADM. REVIEW DOCKET NO.: FL 210075 RO
In its petition for administrative review, the owner states,
in substance, that repairs have been performed and submits an
exterminator bill, superintendent's statement, and a letter from
the exterminator. In answer to the owner's petition the tenant
states that defective conditions still exist.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted in part.
Although it is the owner's contention that repairs had been
made and conditions corrected before the apartment was inspected or
the order was issued, the owner's allegation is belied by the
report of the agency inspector. Accordingly, the Commissioner
finds that the Rent Administrator's order reducing the rent was
correct when issued, and this order is issued without prejudice to
the owner filing a rent restoration application.
The Commissioner also notes that the tenant's complaint made
no mention of the bathroom ceiling. Hence the owner was not on
notice of this condition and it must, therefore, be removed as a
basis for the rent reduction which was ordered.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, modified to remove the bathroom ceiling as a
basis for the rent reduction. In all other respects the Rent
Administrator's order is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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