ADM. REVIEW DOCKET NO.: GC-210125 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 REVIEW
APPEAL OF DOCKET NO.:
GC-210125 RO
:
DRO DOCKET NO.:
FF 210319 OR
2785 OCEAN PARKWAY
ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 27, 1992, the above named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued on
March 4, 1992, by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodation known as 2785 Ocean
Parkway, Brooklyn, New York, Apartment No. 6A, wherein the
Administrator determined the owner's application to restore rent
previously reduced under District Rent Office Docket No. AB 230046-
B.
The underlying rent reduction order dated April 27, 1987, had
reduced the tenant's rent based on findings of peeling paint and
plaster on the lobby ceiling and walls. The challenged order
herein under review denied the owner's rent restoration application
on the basis of an inspection conducted on February 7, 1992 that
revealed evidence of peeling paint and plaster on the ceiling near
the glass front wall of the building lobby. The inspection
revealed no evidence of peeling paint and plaster on lobby walls.
On appeal as below, the owner contends that the lobby walls
and ceilings had been repaired and resurfaced, and that the
condition found constituted a new incident. The owner
characterizes the condition as minor, less than a foot square, and
at a distance from the incident complained about in 1986.
ADM. REVIEW DOCKET NO.: GC-210125 RO
The tenant responded alleging that defective conditions were
not addressed promptly or properly and complaining about other
conditions not pertinent to these proceedings.
The applicable law is Section 2520.6(r) and 2523.4 of the Rent
Stabilization Code.
The inspection below failed to support the owner's assertion
that the ceiling peeling paint and plaster condition had been
corrected. If repairs had been attempted, they were done in an
unworkmanlike manner or the underlying problem had not been
addressed, causing the condition to reoccur.
The owner also failed to support the contention that the
condition, albeit similar, was a new occurrence not related to the
condition that gave rise to the rent reduction. The only evidence
of repairs submitted in these proceedings are dated in 1986 and
were the identical receipts and cancelled checks which had been
found inadequate to reverse the determination that the service
reductions warranted a rent reduction in the first instance.
The Commissioner also notes that the owner did not file a rent
restoration application until June 26, 1991, contributing to the
difficulty of ascertaining if the condition noted by the inspector
on February 7, 1992 was the same condition complained about by the
tenant in 1986.
THEREFORE, pursuant to the Rent Stabilization Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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