Docket Number: FB-510159-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 510159-RO
YONG H. KIM/100 AUDUBON CORP., :
DRO DOCKET NO.: DJ 510343-S
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 15, 1991, the above named owner filed a Petition For
Administrative Review of an order issued on January 14, 1991, by the Rent
Administrator of the Gertz Plaza, Jamaica, District Rent Office,
concerning the housing accommodations relating to the above-described
docket number.
This administrative appeal is being determined pursuant to the provision
of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether there was a decrease in services, warranting a
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 issues
raised by the petition for review.
On October 12, 1989, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain services
in the subject apartment.
Although duly notified to do so, the owner failed to answer the tenant's
complaint.
On December 12, 1990, an inspection of the subject apartment was conducted
by a DHCR inspector who confirmed the existence of defective conditions.
On January 14, 1991, the Rent Administrator directed restoration of these
services and further ordered reduction of the stabilization rent.
In this petition, the owner contends in substance, that repairs had been
performed.
Despite the owner's assertions, the inspection prior to the issuance of
this order under appeal disclosed that the complained-of conditions
existed. Moreover the owner had fourteen months from the date of service
of the tenant's complaint until the issuance of the Administrator's order
to investigate the tenant's complaint and to make the necessary repairs,
but the owner failed to do so.
Accordingly, the Administrator properly found a decrease in services and
correctly ordered a rent reduction.
Docket Number: FB-510159-RO
This Order and Opinion is issued without prejudice to the owner's right to
file the appropriate application with the Division for restoration of rent
based upon the restoration of services, if the facts so warrant.
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
|