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.: GG210199RO
Peter P. Neglia/ RENT ADMINISTRATOR'S
Trump Management Inc., DOCKET NO.: ED210784S
PETITIONER PREMISES: 2650 Ocean Parkway
Apt.5C
Brooklyn, NY
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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 on June 23, 1992 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
The tenant commenced this proceeding on April 9, 1990 by filing a
complaint asserting that rain water leaks through the bedroom wall,
around the air conditioner, and under the baseboard, leaving a large
puddle on the floor.
In answer, the owner asserted that the water seepage was abated and
the plasterer took care of the wall damage.
On June 11, 1992, an on-site inspection of the subject apartment was
conducted by a DHCR staff member who confirmed that there were leak
stains, cracked walls and peeling paint and plaster in the area
around the air conditioner and the baseboard of the bedroom (1).
Based on the inspection results, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends that
his answer was not considered in the processing; he was not informed
of the inspection and inspection report; leaks and stains were not
mentioned in the complaint; water seepage was repaired upon receipt
of the tenant's complaint; and the tenant must be complaining about
new leaks.
GG210199RO
In answer, the tenant asserted that during the storm of December 11
and 12, 1992, water seeped again from the same areas mentioned in
the original complaint; half of the room becomes a wading pool when
rain hits the same leaky areas of the wall; and that the various
people of management, including Fred Trump, saw the mess.
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
authorized 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 determination based on an
on-site inspection which confirmed the existence of leaks and stains
in the bedroom walls, warranting a rent reduction.
The record establishes that the owner's answer was properly
considered in the processing and belied by the inspection report;
and that he was duly informed of the leaks and stains as described
in the complaint. The tenant's complaint was sufficient notice; the
inspection report merely confirmed the existence of the complained
of condition, which the owner failed to completely and effectively
address. The owner need not be notified of the subsequent inspection
or the results thereof (see Empress Manor Apts. v. NYSDHCR, 147
A.D.2d 642, 538 N.Y.S.2d 49, 1989).
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 Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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