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.:FC110328RO
Vrettos Realty Corporation, RENT ADMINISTRATOR'S
DOCKET NO.:EL110204S
SUBJECT PREMISES:
45-59 45 Street
Apt. D6
Woodside, 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 March 18, 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 December 13, 1990 by filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
In an answer filed on January 15, 1991, the owner asserted in
substance that repairs are being arranged.
In another answer filed on January 24, 1991, the owner alleged that
repairs were completed, except the kitchen sink cold water washer
because the tenant wanted a brand new faucet which is not necessary.
The owner attached a copy of a work order signed by the tenant
stating that the following repairs were made on January 19, 1991:
Repair the kitchen cabinet;
Apply caulking to the apartment entrance door;
Replace refrigerator lamp; and
Grout around bathtub.
On March 7, 1991, a physical inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of the
FC110328RO
following defective conditions:
(1) The living room wall near the left window is water-stained.
(2) There are leaky bathtub faucets.
(3) There is leaky bathroom sink hot water faucet.
(4) There are leaky kitchen faucets.
(5) The freezer door does not close properly; a crisper glass
is missing.
(6) The freezer and food compartment temperatures are
inadequate.
By an order dated March 18, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that upon receipt
of the Administrator's order, all work was done.
In answer, the tenant denied the allegations in the petition.
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
March 7, 1991 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The status of the owner's rent restoration applications is as
follows: FC110256OR denied on June 13, 1991 and FI110123OR denied on
May 5, 1992.
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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