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.:GA110154RO
Schefa Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.:FG110044S
SUBJECT PREMISES:
110-21 73 Road
Apt.6M
Forest Hills, 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 December 5, 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 July 3, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
that all required repairs would be performed when an appointment
would be set up with the tenant.
On November 21, 1991, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed that the window sill
in the bathroom was coming apart; and that the bathroom water
pressure was inadequate.
By an order dated December 5, 1991, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
rent.
In this petition, the owner contends in substance that the defective
window sill was caused by the tenant's leaving the window open
during the rain; that access was made in the apartment wherein the
flushometers were adjusted and there is now sufficient water
pressure.
In answer, the tenant stated in substance that defective conditions
continue to exist.
GA110154RO
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 petition does not make clear whether it is the contention that
repairs on the water pressure had been made before the apartment was
inspected or before the order was issued, or whether the contention
is that repairs were made following the issuance of the
Administrator's order. If it is the former, then the owner's
allegation is belied by the report of the DHCR inspector. If it is
the latter, then the order reducing the rent was nevertheless
correct when issued.
The unsubstantiated contention that the defective window sill was
caused by the tenant is raised for the first time on appeal and is
beyond the scope of administrative review.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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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