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.:FC210304RO
(Refile of EI210114RO)
Rochelle Gutman, RENT ADMINISTRATOR'S
DOCKET NO.:DC210238S
SUBJECT PREMISES:
1212 Newkirk Ave.
Apt. 1E
Brooklyn, 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 August 16, 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 March 13, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer dated May 22, 1989 (filed May 24, 1989), the owner
asserted that all repairs were made; that at the tenant's request,
the painting was scheduled on June 1, 1989.
On May 10, 1990, a physical inspection of the subject apartment was
conducted by a DHCR staff member who reported that the living room
ceiling displayed lath and joist.
DHCR notified the owner on June 4, 1990 to repair these conditions
and to reply within twenty (20) days. The owner failed to respond to
DHCR's notice.
By an order dated August 16, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
FC210304RO
In this petition, the owner contends that he repaired the living
room on June 5, 1989 and again on June 28, 1990 when the conditions
reoccurred.
In answer, the tenant asserted in substance that defective
conditions continue to exist.
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 May
10, 1990 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The Commissioner notes that DHCR notified the owner on June 4, 1990
to repair these conditions and to reply within twenty (20) days. The
owner failed to raise the issue of repairs allegedly being done on
June 5, 1989 and on June 28, 1990. Accordingly, the Administrator's
order was in all respects proper and is hereby affirmed.
The owner is advised to file a rent restoration application if the
facts so warrant.
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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