STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GF210124RO
DOCKET NO.: FL210169S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 449 16 Street, Apt. #4L, Brooklyn, NY.
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 filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions: Dumbwaiter door, bathroom
walls, fluctuating water temperature, floor covering/Bedroom 1,
closet door hinge/den, light fixture den, closet door knob/den.
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 he took possession of the building on January 8,
1992 as first mortgagee in possession, that since then he has been
making repairs; and that the tenant in the subject apartment has
stated in a letter, a copy of which is included with the PAR, that
all conditions have been or will be taken care of.
The Division sent a copy of the petition to the tenant on June
29, 1992. The tenant answered and confirmed that the petitioner is
a new owner who has promised to make necessary repairs.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. The Owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted. Evidence presented indicates some repairs
are yet to be made. If other repairs were made prior to the
issuance of the Administrator's order, there is no evidence in the
record to indicate same.
The Commissioner notes that the owner has filed a rent
restoration application which will be decided by separate order.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, 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.
Joseph A. D'Agosta