GB 210077 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
4812 MANAGEMENT COMPANY, DOCKET NO.:
4812 - 14th Ave.,
PETITIONER Apt. 5-M, Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for Administra-
tive review of an order issued concerning the housing accommoda-
tion 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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner, on two different occasions, asserted
that all required repairs had been completed.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defecti e condi-
tions stating, "bathroom walls plastered and painted however . .
. bubbly and wall area above toilet not level . . . excessive
glue on tiles . . . tiled wall is bulging."
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that repairs had been performed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
A close review of the inspector's report reveals that although
repairs were attempted, the quality of the work w s not suffic-
ient to abate the diminution of service caused by the broken
walls and tiles. Accordingly, based upon the record, including
the results of the October 24, 1991 inspection, the Rent
GB 210077 RO
Administrator's order reducing the tenant's rent was correct and
warranted and should, in the opinion of the Commissioner, be
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division to
restore the rent based upon a restoration of service.
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 Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner