STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
2860 Decatur Ave. Corp., RENT ADMINISTRATOR'S
PREMISES: Apt. 5
2860 Decatur Ave.
PETITIONER Bronx, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review against an order issued by the Rent Administrator reducing
the rent and directing restoration of services based on a finding
of failure to maintain services.
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 January 4, 1991 by filing
a complaint aserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on February 12, 1991, the owner asserted in
substance that repairs were complated.
Thereafter, a physical inspection of the subject apartment was
conducted on April 10, 1991 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated April 23, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that all items complained of by the tenant were corrected
and the rent reduction is not warranted.
In answer, the tenant basically denied the allegations in the
petition by submitting photos of the defective conditions.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been
a decrease in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's order based on the
April 10, 1991 inspection which determined that the owner was not
maintaining services, warranting a rent reduction. The Commissioner
notes that the owner's undertaking to repair is an independent duty
which must be performed in a complete and effective manner.
The rent will be restored only when an owner's application to
restore rent is filed and granted. The owner is advised to file
such an application if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations 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,
JOSEPH A. D'AGOSTA