GF410067RO
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.: GF410067RO
RENT ADMINISTRATOR'S
DOCKET NO.: GB410515S
Fred Marolda,
PETITIONER
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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 501 West 133rd Street, New York, N.Y. Apt.
#7.
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.
Thereafter, on April 8, 1992, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of the following defective conditions: bathroom steam
pipe leaking at the joint; leaking tub faucet; living room ceiling
and walls have water stains and living room, steam pipe is rusted.
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 all complained-of services were restored as of
April 16, 1992, when the owner claims it answered the complaint.
The Division mailed a copy of the petition to the tenant on June
19, 1992.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
GF410067RO
A review of the record reveals that the owner was properly
served with the tenant's complaint on March 12, 1992, with
instructions to submit an answer within 21 days.
An answer to the complaint dated April 16, 1992, was received
by the Division on April 22, 1992, but was not before the
Administrator. However, a review of this response reveals that it
does not establish that the conditions contained in the complaint
and confirmed by the inspection were repaired. The answer included
a copy of a receipt for repair to the front door which was found by
the inspector to have been repaired, and also included a receipt
for repairs to appliances in various apartments other than the
complainant's. The answer does not address the problems with the
steam pipes, leaking faucet, and water stains.
Pursuant to Section 2523.4 of the Rent Stabilization Code, the
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.
The owner may file a rent restoration application if the facts
so warrant.
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.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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