FK 110140-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.:
FL 210099-RO
RENT ADMINISTRATOR'S
B. GANS MANAGEMENT, DOCKET NO.:
FD 210967-S
PREMISES:
533 East 2nd Street
PETITIONER Apt. 2-D, 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 concerning the housing accommodation relating
to the above described docket number.
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.
The tenant commenced this proceeding by fili g a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
In its answer, the owner asserted that all required repairs 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.
In its petition for administrative review, the owner states, in
substance, that the tenant denied access. In answer to the peti
tion the tenant specifically denies denying access.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commisioner notes that the owner had more than six months
from the date of service of the tenant's complaint until the
FK 110140-RO
issuance of the administrator's order to make the necessary
repairs but failed to do so, even though it was afforded numerous
dates of access to the apartment. Although the owner alleges
that repairs were completed prior to the issuance of the order it
is noted that the owner never informed the Rent Administrator of
this fact and the allegation is otherwise unsubstantiated.
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 Rent Administrator properly based
his determination on the entire record; including the results of
the on - site physical inspection conductfed on October 17, 1991
and that pursuant to Section 2523.4(a) of the Code, the Rent
Administrator was mandated to reduce the rent upon determining
that the owner had failed to maintain 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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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