Docket Number: FB-110295-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 110295-RO
:
POMONOK CREST APARTMENTS, DRO DOCKET NO.: EE 110622-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 28, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on January 24, 1991, by the Rent
Administrator of the Gertz Plaza, Jamaica, District Rent Office concerning
the housing accommodations known as Apartment No. 11-B, 71-28 Parsons
Blvd., Flushing, New York 11365.
This administrative appeal is being determined pursuant to the provisions
of 2520.6(r) and 2523.4.
The issue herein is whether there was a decrease in services, warranting a
reduction of the legal regulated rent.
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 administrative appeal.
On April 16, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain services
in the subject apartment.
On June 19, 1990, the owner answered that all required repairs will be
completed in due time.
Thereafter, on July 13, 1990, December 18, 1990, and December 21, 1990, an
inspection of the subject apartment was conducted by a DHCR inspector who
confirmed the existence of defective conditions, namely:
1. All windows throughout apartment are drafty due
to lack of caulking.
2. Ceiling area on the right side corner near
window has water stains.
On January 24, 1991, the Administrator directed the restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner contends, in substance, that it was not
informed of the two defective conditions by the tenant's complaint.
The Commissioner is of the opinion that this petition should be denied.
Docket Number: FB-110295-RO
The record shows that the tenant complained, inter alia, that the plaster
by the radiator is "buckling"; that "the ceiling is starting to leak"; and
that the uninsulated window" casements allow the cold air in."
The Commissioner thus finds that the inspection report confirmed the
tenant's complaint, and that the Administrator's order finding a decrease
in services and ordering a rent reduction is warranted.
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 District Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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