ADM. REVIEW DOCKET NO.: GB 520100 RO
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 APPEAL
APPEAL OF DOCKET NO.:
GB 520100 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
FE 520571 S
SUSAN WEINSTEIN,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 31, 1992, the above-named owner filed a petition
for administrative review of an order issued on January 23, 1992,
by a Rent Administrator concerning the housing accommodation
known as Apartment No. 43, 560 West 163rd Street, New York, New
York, wherein rent was reduced due to a diminution of service.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition for review.
On May 20, 1991 the subject tenant, filed an application for
a rent reduction based on the owner's alleged failure to maintain
services alleging leaks and water damage in the bathroom and
living room.
On July 10, 1991 the owner interposed an answer to the
tenant's complaint wherein she alleged that all work had been
completed and that the leak had been fixed.
On January 3, 1991 a physical inspection of the subject
apartment was carried out by the Division of Housing and
Community Renewal (DHCR). The inspector, in his report, noted
that the complained of conditions were as alleged by the tenant,
specifically peeling paint and plaster and water stains on
ceilings and walls in the bathroom and living room.
On January 23, 1992 the Rent Administrator issued the order
ADM. REVIEW DOCKET NO.: GB 520100 RO
here under review finding that a diminution of services had
occurred and reducing the tenant's monthly rental by ten dollars.
In her petition for administrative review the owner requests
reversal of the Rent Administrator's order and alleges,
The repairs were completed. The DHCR did not do
an inspection and based its decision on the "record"
review. An inspection would have shown that repairs
were completed.
Section 2202.16 of the Rent and Eviction Regulations
provides that if the owner fails to maintain services, the Rent
Administrator may order a decrease in the maximum rent in an
amount which the Rent Administrator in his discretion may
determine.
The record in the instant case reveals that the tenant
complained about problems with the apartment and a physical
inspection of the premises confirmed that these problems indeed
existed.
The Commissioner finds that the Rent Administrator properly
based his determination on the entire record; including the
results of the on-site physical inspection conducted on January
3, 1992 and that pursuant to the Regulations, the Rent
Administrator properly reduced the rent upon determining that
the owner had failed to maintain services.
This Order and Opinion is issued without prejudice to the
owner's rights as they may pertain to an application to the
Division for a restoration of rent based upon the restoration of
services.
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York City, 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 is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO.: GB 520100 RO
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