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.:FE610448RO
(Refile of FA610024RO)
Hill Top House, Inc., RENT ADMINISTRATOR'S
DOCKET NO.:ED610908S
SUBJECT PREMISES:
500 Kappock Street
Apt. 2D
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 December 17, 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 April 19, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on July 3, 1990, the owner denied some of the
allegations in the complaint and otherwise asserted in substance
that repairs were performed and other jobs were being completed.
On August 29 and December 3, 1990, physical inspections of the
subject apartment were conducted by a DHCR staff member who
confirmed the existence of defective conditions.
By an order dated December 17, 1990, the Administrator directed the
restoration of services and ordered a rent reduction based upon
these inspection findings:
(1) A master bedroom pane is missing from the bottom sash; a
bottom storm window glass is broken.
(2) A master bedroom radiator is defective.
In this petition, the owner contends in substance that the windows
were repaired and that its own building superintendent found no
FE610448RO
defect in the radiator.
In answer, the tenant asserted that the owner started repairs
subsequent to the issuance of the order and that the radiator is
still defective.
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 29 and December 3, 1990 physical inspections which confirmed
the existence of defective conditions, warranting a rent reduction.
The Commissioner notes that the owner's rent restoration application
(FA610152OR) was granted on January 2, 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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