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.:FB610174RO
(Refile of EL610157RO)
Arnold Kotzen, RENT ADMINISTRATOR'S
DOCKET NO.:EF610594S
SUBJECT PREMISES:
3060 Albany Crescent
Apt. 32
Bronx, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on November 30, 1990
concerning the housing accommodations relating to the above-
described docket number.
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 on June 20, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
in substance that services are being provided and maintained.
On August 1, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated November 30, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all services
are being provided and that the tenant caused the defective
conditions. The owner failed to substantiate these contentions.
DHCR mailed a copy of the petition to the tenant.
FB610174RO
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized 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 to
modify or revoke the Administrator's determination based on the
August 1, 1990 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition 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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