Doc.#GG210108RO
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.: GG210108RO
:
Trump Management Inc., RENT ADMINISTRATOR'S
DOCKET NO.: ED210783S
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND ORDERING RESTORATION OF RENT
On July 23, 1992, the above-named petitioner-owner filed a petition for
administrative review (PAR) of an order issued on June 29, 1992, by the
Rent Administrator, concerning the housing accommodation known as 2650
Ocean Parkway, Brooklyn, N.Y., Apt.#5-E, wherein the Administrator
determined that the rent for the subject apartment should be reduced to
the level in effect prior to last rent guideline increase, which
commenced before the effective date of the order based upon a showing
that the bathroom ceiling and wall were in a state of disrepair. The
Rent Administrator's determination was based on an inspection which was
held on May 27, 1992.
The Rent Administrator also directed full restoration of services.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced the
rent of the subject apartment.
On appeal, the petitioner-owner asserted that the required repair was
made; that the Rent Administrator failed to consider the owner's answer
below and that the Rent Administrator failed to serve it with a copy of
the inspection report; thus denying it due process rights.
The petition was served on the tenant on July 30, 1992 and on August 5,
1992, the tenant filed an answer to the petition stating that the owner
failed to restore the bathroom ceiling until July 20, 1992, after the
issuance of the Rent Administrator's order.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a tenant
may apply to the Division of Housing and Community Renewal (DHCR) for
Doc.#GG210108RO
reduction of the legal regulated rent to the level in effect prior to
the most recent guidelines adjustment, and the DHCR shall so reduce the
rent for the period for which it is found that the owner has failed to
maintain required services.
Required services are defined in Section 2520.6(r) to include repairs
and maintenance.
Concerning the petitioner-owner's argument that the Administrator
failed to give it notice of the inspection or the results, the
Commissioner finds that due process does not require that the owner be
informed that inspections are to take place or that it be sent copies
of the reports with an opportunity to rectify the condition or to
respond. The owner had adequate notice from the tenant's complaint of
conditions requiring its attention.
The Commissioner has also considered and rejects the petitioner's claim
on appeal that the required repair was made prior to the issuance of
the Rent Administrator's order.
A copy of the tenant's complaint was mailed to the owner on May 16,
1990 and the Rent Administrator's order was issued on June 29, 1992.
It is apparent that the owner had approximately twenty-five (25) months
to attend to the complained-of condition, but had failed to do so prior
to the issuance of the Rent Administrator's order.
The inspector's report clearly showed that even if the owner attempted
to correct the bathroom ceiling condition prior to the issuance of the
Rent Administrator's order, it had failed to do so in a workmanlike
manner.
The Commissioner notes that in the owner's reply dated September 30,
1992, the owner stated that the bathroom repair work was completed on
July 20, 1992, which was after the issuance of the appealed order.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's determination.
The Commissioner finds, that the Administrator properly based his
determination on the entire record, including the results of the on-
site physical inspection conducted on May 27, 1992 and that pursuant to
Section 2523.4(a) of the Code, the Administrator was mandated to reduce
the rent upon determining that the owner had failed to maintain
services.
However based on the tenant's statement that all repairs were completed
on July 20, 1992, the Commissioner orders restoration of the rent,
effective August 1, 1992.
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.
Doc.#GG210108RO
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed,
and it further.
ORDERED, that the rent be and the same hereby is restored, effective
August 1, 1992.
ISSUED:
Joseph A. D'Agosta
Deputy Commissionerh
|
