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.:FC110044RO
Pomonok Crest Apts., RENT ADMINISTRATOR'S
DOCKET NO.:EE110610S
SUBJECT PREMISES:
71-12 Parsons Blvd.
Apt. 20A
Flushing, NY
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 on January 30, 1991 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 April 18, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on June 19, 1990, the owner requested sixty (60)
days to address the complaint, and asserted that several repairs
were made.
On September 6, 1990, the owner informed DHCR that all repairs have
been made.
Thereafter, a physical inspection of the subject apartment was
conducted on January 15, 1991 by a DHCR staff member who confirmed
that the living room left side window cannot be opened and closed;
and that the ceiling in the dinette area has cracks.
By an order dated January 30, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done prior to the issuance of the Administrator's order, including
repairs on the defective window and ceiling; and that it should have
received a copy of the inspection report before the order was
issued. The owner submits a copy of an August 28, 1990 work order.
FC110044RO
In answer, the tenant asserted in substance that the owner's repairs
were inadequate and ineffective.
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 copy of the August 28, 1990 work order was not before
the Administrator and is belied by the January 15, 1991 inspection.
Accordingly, the owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
physical inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The owner's contention that it was entitled to receive the
inspection report is without merit. The tenant's complaint is
sufficient notice for the owner to diligently investigate the matter
and make necessary, effective repairs (Empress Manor Apartments v.
NYS DHCR, 538 NYS 2d 49. 147 AD 2d 642, February 21, 1989).
The owner's rent restoration application (FC110225OR) was granted on
June 24, 1991.
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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