ADM. REVIEW DOCKET NO.: GG210003RO
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.:
GG210003RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
FE210053S
ANDY ANDERSON/390 EASTERN
PARKWAY ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 1, 1992, the above-named petitioner-owner filed a
petition for administrative review of an order issued on June 10,
1992, by the Rent Administrator, concerning the housing
accommodation known as 390 Eastern Parkway, Brooklyn, N. Y., Apt.
2-A, wherein the Administrator determined that the rent for the
subject apartment should be reduced to the level in effect prior to
the last rent guideline increase, which commenced before the
effective date of the order based upon a showing that not all
services were being maintained. The Rent Administrator's
determination was based on inspections held on November 19, 1991
and May 18, 1992. The reports, however, showed that the owner had
corrected other service derelictions.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
reduced the rent of the subject Rent Stabilized apartment.
ADM. REVIEW DOCKET NO.: GG210003RO
On appeal, the petitioner-owner maintained that all work
specified in the tenant's complaint was corrected at the time of
the inspections.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
a tenant may apply to the DHCR for a reduction of the legal
regulated rent to the level in effect prior to the most recent
guidelines adjustment, and the DHCR shall so reduce the rent for
the period for which it is found that the owner has failed to
maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
Inspections conducted on November 19, 1991 and May 18, 1992
confirmed the existence of various service deficiencies, which were
the subject of the tenant's complaint filed on May 6, 1991.
A copy of the tenant's complaint was mailed to the owner on
May 8, 1991 and the Rent Administrator's order was issued on June
10, 1992.
It is apparent that the owner had approximately thirteen
months to attend to the complained-of conditions, but had failed to
do so, prior to the issuance of the Rent Administrator's order.
The Commissioner notes that the subject tenant submitted an
answer on July 16, 1992, to the owner's PAR asserting that the
owner still had not adequately addressed the service deficiencies.
The Commissioner finds, therefore, that the owner has offered
insufficient reason to disturb the Rent Administrator's
determination.
The Commissioner also finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site physical inspections conducted on November 19, 1991
and May 18, 1992 and that pursuant to Section 2523.4(a) of the
Code, the Administrator was mandated to reduce the rents upon
determining that the owner had failed to maintain services.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
ADM. REVIEW DOCKET NO.: GG210003RO
is, affirmed.
This order and opinion is issued without prejudice to the
owner's right to file the appropriate application with the Division
for a restoration of rent based upon the restoration of services,
if the facts so warrant.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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