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.: GG610023RO
Wilgreen Holding Co./ RENT ADMINISTRATOR'S
Jerrold Wolfset, DOCKET NO.: GA610579S
PETITIONER PREMISES: 260 E176 St.
Apt.1
Bronx, 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 May 29, 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 by filing a complaint asserting
that the owner failed to maintain certain services which included,
in relevant part, rotten wooden living room floors.
In answer, the owner asserted in substance that "all necessary
repairs have been made." The owner submitted copies of bills and
receipts.
On April 22, 1992, a physical inspection of the subject apartment
was conducted by a DHCR staff member who reported that the bathroom
ceiling was bulging, cracked, stained due to leaks and in danger of
falling; the living room floor was covered with warped and loose
linoluem; the apartment entry door and frame was not properly
aligned; and the plastered walls to the hallway were not sanded
and painted.
By an order dated May 29, 1992, the Administrator determined these
services not maintained: bathroom (leaks and stains), bathroom
ceiling, living room floor/covering, apartment entry door and frame
(alignment) and the walls to the hallway. The Administrator directed
the restoration of services and ordered a reduction of the
stabilized rent.
GG610023RO
In the petition for administrative review, the owner contends in
substance that the living room floor covering was not mentioned in
the original complaint; all repairs were timely and professionally
done; and that the tenant refused to sign the work order. The owner
resubmitted copies of paid bills and a painter's letter stating that
the tenant refused to acknowledge the completion of repairs.
On July 14, 1992, a copy of the petition was mailed to the tenant.
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 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 an April 22, 1992
inspection which confirmed the existence of defective conditions,
warranting a rent reduction.
The contention that a defective living room floor was not originally
complained of by the tenant is belied by the record.
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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