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.: GF510030RO
AUDUBON ASSOCIATES RENT ADMINISTRATOR'S
DOCKET NO.: ED510699S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1992, the above-named owner filed a timely petition for
administrative review against an order issued concerning the
housing accommodation known as 155 Audubon Avenue, New York,
New York, Apartment 4C.
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 in this petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain required
services. In particular, the tenant complained of leaks in the
main bedroom; water leakage and noise from the building radiators;
broken bedroom and closet doors; and of mice and roach infestation.
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. Specifically, the owner answered that there
were no leaks in the main bedroom and there was no water leakage or
noise from the radiators; that the doors in the apartment had been
repaired; and that the tenant had refused pest control services on
1/24/90 but accepted such services on 3/24/90.
GF510030RO
Thereafter, on April 15, 1992, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
(1) Evidence of peeling paint and plaster on
ceiling bedroom 1.
(2) No evidence of defective radiator valves.
(3) No evidence of radiator noise.
(4) Warped apartment entry door that is in
need of repair.
(5) Bedroom door and 2 bedroom closet doors
misaligned.
(6) Evidence of vermin found in the apartment.
Based thereon, the Rent Administrator, by order dated May 28, 1992,
directed restoration of these services and further ordered a
reduction of the legal regulated rent.
In the petition for administrative review, the owner asserted that
the services alleged by the D.H.C.R. have been corrected, were
restored, or were not defective initially.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
This 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 staff inspection
confirming the existence of defective conditions for which a rent
reduction is warranted.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
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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