GC410039RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GC410039RO
The 400 East 58th Street Co.,
RENT ADMINISTRATOR'S
DOCKET NO.:
FJ410150S
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 February 4, 1992, concerning the housing
accommodations known as 400 East 58th Street, Apt. PHB, New York,
New York, wherein the Rent Administrator determined the tenant's
complaint of decreased services.
The Commissioner has reviewed all 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 an answer, the owner denied the allegations set forth in the
complaint, or asserted that the tenant failed to cooperate with the
owner's efforts to ascertain conditions requiring repairs, or
otherwise asserted that required repairs had been or would be
completed.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported that the shower leaked and
also ran when the bathtub faucets were on, that bathroom hot and
cold water pressure were inadequate, that there was evidence of
leak damage in the livingroom ceiling, and that the apartment
entrance door did not close properly.
GC410039RO
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In the petition for administrative review the owner states that the
owner had been unable to obtain access to the tenant's apartment
due to the tenant's absence, and that the owner has since obtained
access and restored all services.
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
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish proper basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
warranted. The evidence the owner submitted in the record below
did not rise to the level required to trigger a "no-access"
inspection detailed in Policy Statement 90-5: Arranging Repairs No
Access Inspections.
The owner did not substantiate the allegation on appeal that the
tenant caused the delay in repairs until after the Rent
Administrator's order. Moreover, assertions that repairs were
completed after the Rent Administrator issued the order, are not
sufficient to warrant reconsideration of the Rent Administrator's
determination below.
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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