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.:
GF520071RO
ONE SICKLES STREET COMPANY, RENT ADMINISTRATOR'S
DOCKET NO.:
EG520623S
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 One Sickles Street, New York, New York, Apartment B-A.
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.
The tenant commenced this proceeding by filing a complaint as-
serting that the owner had failed to maintain certain services in
the subject building.
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 building was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of the following defective conditions:
ramp leading to the apartment in rear yard is broken and cracked
and is a trip hazard.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the regulated rent.
GF520071RO
In its petition for administrative review, the owner states, in
substance, that a new ramp was installed in 1991 and that in late
1991 or early 1992 a new area was cemented over at the base of the
ramp.
The Division sent 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.
The inspection was conducted by the DHCR on May 2, 1991 and it
clearly showed that the ramp repairs had not been completed.
By petitioner's own admission in the PAR, repairs were not com-
pleted until late 1991 or early 1992. It is apparent, therefore,
that the owner completed the repair work after the June 5, 1991
issuance date of the Rent Administrator's order.
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 a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations and the Emergency Protection Act of 1974, it
is,
ORDERED, that this administrative appeal be, and the same hereby
is, denied, and that the Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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