GF220174RO
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.: GF220174RO
BENJAMIN HAIMOWITZ RENT
ADMINISTRATOR'S DOCKET
NO.: FE220910S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 24, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 28, 1992. The order concerned housing
accommodations known as Apt 2N located at 7602 21st Ave., Brooklyn,
N.Y. The Administrator ordered 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 on May 30, 1991 by filing
a Statement of Complaint of Decrease in Services wherein he alleged
that there are defective windows in his apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on July 1,
1991 and stated, in sum, that the tenant abuses the windows and
refuses to follow directions about how to use them.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on May 27, 1992 and
revealed defective window sashes and frames on the bedroom,
bathroom and living room windows. The inspector also reported that
the window caulking apartment wide was adequate.
The Administrator issued the order here under review on May
28,1992 and ordered a $6.00 per month rent reduction based on the
report of the inspector.
On appeal the owner states that the windows were repaired
before and were repaired again on June 24, 1992 and that the tenant
GF220174RO
does not know how to use them properly. The owner attached a paid
bill which was offered to show that repairs were made to the
windows. The petition was served on the tenant on July 3,1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the inspection was conducted in
response to the tenant's complaint regarding the windows, and the
report was prepared by a rent agency employee who is not a party to
the proceeding nor an adversary. The Commissioner is of the
opinion that it was appropriate for the Administrator to rely on
the results of the inspection as they relate to the complaint
rather than the statements of a party to the proceeding, in
determining the outcome of the case. Accordingly, the report of
the inspector which found defective windows was properly accorded
substantial weight and is not rebutted by the owner's statement
that the condition is caused by the tenant's inability to operate
the windows properly. Moreover, the owner concedes that repairs
were not made until after the Administrator's order was issued.
Pursuant to Section 2202.16 of the Rent and Eviction
Regulations for New York City, the Administrator may order a
decrease in the maximum rent based on a finding that there has been
a decrease in the dwelling space, essential services, furniture,
furnishings or equipment required to be provided. The Commissioner
finds that the Administrator based this determination on the entire
record including the results of the on-site physical inspection
described above. The order here under review was correctly issued
and is, therefore, affirmed.
The owner may file for rent restoration when services have
been restored.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City 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
Deputy Commissioner
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