GF210184RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GF210184RO
SAM KOSLOWSKI,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER FL210134S
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 2402 63rd Street, Apartment D-1, Brooklyn, New York.
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.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In answer to the complaint the owner asserted, in substance, that
no repairs are required.
Thereafter an inspection of the subject apartment was conducted by
a Division Of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of the following defective conditions:
1. Refrigerator freezer temperature of -6@ F.
2. Stove-oven door gasket is defective.
3. Unworkmanlike repair on bedroom wall.
4. Evidence of vermin.
5. Various windows throughout apartment have
defective sashes and frames.
6. Bedroom and bathroom has peeling paint and
plaster.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
GF210184RO
In its petition for administrative review, the owner states, in
substance, all repairs have been performed, and that the tenant
vandalized the apartment so not to pay rent.
The DHCR served a copy of the petition on the tenant on July 17,
1992.
The tenant's answer to the petition stated that repairs are still
needed.
After careful consideration, the Commissioner is of the opinion
that this 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 any 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 condi-
tions in the subject apartment for which a rent reduction is
warranted.
The owner filed a rent restoration application which is pending
before the Administrator under Docket No. GJ210024OR.
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
and the Emergency Tenant Protection Act of 1974, 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
|
