FL 410188-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 410188 RO
ABE HARUVI DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EE 410789 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 20, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 15, 1991. The order concerned
housing accommodations known as Apt 4C located at 1109 First
Avenue, New York, N.Y. The Administrator order a rent reduction
for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on May 31, 1990 wherein he
alleged the following services deficiencies:
1. Downstairs door does not lock and lock cannot be
opened from either side
2. Superintendent unavailable
3. Heat and hot water unavailable
4. Ceiling collapsing in bedroom
5. Water drips from bathroom ceiling
6. Apartment lacks proper fire door
7. Unclean public areas
8. Stairs sag.
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
June 22, 1990 and stated that:
1. The downstairs door, ceiling, water drip and
stairs were repaired.
2. A superintendent is on call and available
3. Adequate heat/hot water available and boiler
repaired when broken
4. Apartment has fire escapes and does not need fire
doors
5. Building now kept cleaner
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on September 30,
1991 and revealed the following:
1. Evidence of leak damage in master bedroom ceiling
by window
The following services were found to have been maintained:
1. Bathroom ceiling had no defects
2. Door closes and opens properly
3. Hinges on entrance door work properly
4. Door lock works properly
The Administrator ordered a rent reduction in an order issued
November 15, 1991. The reduction was made effective July 1,
1990.
On appeal the owner states that all other work was done
including repair to the ceiling. The owner alleges that the
tenant requested the work be done "on a smaller scale". The
owner expresses his willingness to change the entire ceiling.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The owner has not put forth any basis upon which to overturn
or modify the Administrator's order. If any repairs were made to
the ceiling, the inspector clearly found them to be not done in a
workmanlike manner. No evidence such as a signed statement by
the tenant was submitted to support the contention that the
tenant is now satisfied with the conditions in the apartment.
The owner may file for rent restoration when the ceiling has been
completely repaired or the owner can establish that the tenant
refuses any further repairs.
THEREFORE, pursuant to 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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