Docket Number: FB-110142-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.: FB 110142-RO
:
ROTHSCHILD REALTY, DRO DOCKET NO.: DI 110135-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 14, 1991, the above-named owner filed a Petition For
Administrative Review against an order issued on January 7, 1991, by the
Rent Administrator of the Gertz Plaza, Jamaica, District Rent Office,
concerning the housing accommodations known as Apt. No. C-8, 144-06 88th
Avenue, Jamaica, New York.
The administrative appeal is being determined pursuant to the provisions
of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether there was a decrease in services, warranting
reduction of the legal regulated rent.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
On September 5, 1989 the tenant filed a complaint of decrease of services,
alleging:
"1. The freezer compartment in the refrigerator has
fallen down. Two pieces of pipe are holding it up.
2. The oven in the kitchen stove doesn't work.
3. The kitchen floor has holes in it especially under
the sink allowing mice, etc. to come into the
kitchen."
In its answer dated October 10, 1989, the owner denied the allegations set
forth in the tenant's complaint or otherwise asserted that all required
repair had been or will be completed.
On November 5, 1990, a physical inspection of the subject housing
accommodation was conducted by the D.H.C.R. The inspector reported that
there is evidence of vermin infestation in the kitchen.
On January 7, 1991, the Rent Administrator issued an order based on the
report of the physical inspection, reducing the legal regulated rent and
Docket Number: FB-110142-RO
directing restoration of service.
In this petition, the owner states in substance that repairs have been
performed; that the tenant caused the delay in repairs by refusing access;
and that the inspector's finding is not what the tenant originally
complained-of.
The Commissioner is of the opinion that this petition should be denied.
Despite the owner's assertions, the physical inspection report disclosed
that the complained-of conditions existed. The Commissioner thus finds
that the rent reduction is warranted.
Contrary to the owner's allegations, the Commissioner notes that the
inspector's finding of vermin infestation confirmed the tenant's original
complaint that "the kitchen floor has holes in it especially under the
sink allowing mice, etc. to come into the kitchen."
As to the owner's allegation of tenant refusing access, the Commissioner
notes that this defense was never asserted by the owner prior to the
issuance of the Rent Administrator's Order and was only first raised as a
self-serving and unproven assertion on appeal. Accordingly, the
Commissioner will not entertain this defense by the owner.
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:
ELLIOT SANDER
Deputy Commissioner
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