m 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.: GH410081RO
A & A REALTORS/ ARTUR FREIRE, RENT ADMINISTRATOR'S
DOCKET NO.: FL520052S
PETITIONER PREMISES: 100 West 139 St.
Apt. 29
NY, 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 July 13, 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.
This proceeding was commenced on December 3, 1991 by the tenant
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
On December 13, 1991, DHCR transmitted a copy of the complaint to
the owner's agents in the record at that time.
Said copy of the complaint was returned by the agents, stating that
they did not represent the owner.
On February 4, 1992, DHCR sent a copy of the complaint to the owner
at the correct address, with the request that the owner respond to
the tenant's complaint.
Thereafter, a physical inspection of the subject apartment was
conducted on March 2, 1992 by a DHCR staff member who reported that
there was peeling paint and plaster in the bathroom, the living
room, the hallway, the second bedroom and the master bedroom; that
the floors were defective, uneven, squeaking, with missing tiles,
torn tiles, rough and splintered surface, separating slats and worn-
out varnish.
By an order dated July 13, 1992, the Administrator directed the
restoration of services and reduced the stabilized rent.
GH410081RO
In the petition for administrative review, the owner contends that
it "purchased the building on February 6, 1992" and had repaired
"everything".
DHCR mailed a copy of the petition 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 determination based on the physical
inspection which confirmed the existence of defective conditions.
The determination was in all respects proper and is hereby
sustained.
The unsubtantiated allegations that the petitioner "purchased the
building on February 6, 1992" and had repaired "everything" fail to
disturb the order appealed from. Even if the possibility that the
petitioner was not aware of the complaint in the proceeding below
were considered, the petitioner admits buying the subject premises
prior to the inspection and order's issuance. The petitioner, as a
professional realtor, knew or had reason to know about the property
to be bought, including the records and proceedings pertinent
thereto, if any.
The owner may file a rent restoration application if the fact so
warrant.
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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