GB 210024 RT; GC 210170 RO
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
APPEALS OF DOCKET NO.:
GB 210024 RT
GC 210170 RO
JOSEFA FALLS DISTRICT RENT
HARRY LIEBSHARD ADMINISTRATOR'S DOCKET
NO.: FA 210791 S
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The Commissioner has consolidated the above referenced
administrative appeals as both contain common issues of law or
fact.
The above named petitioner-owner and petitioner-tenant filed
timely Petitions for Administrative Review against an order of the
Rent Administrator issued December 30, 1991. The order concerned
housing accommodations known as Apt. 2R located at 246 Prospect
Park West, Brooklyn, N.Y. The Administrator ordered a rent
reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by these
appeals.
The tenant commenced this proceeding by filing a Statement of
Complaint of Decrease in Services in January, 1991 wherein the
tenant alleged, inter alia, the following services deficiencies:
1. Bathroom ceiling falling,
2. Bathroom floor in bad condition,
3. Toilet falling into the floor,
4. Defective electrical wiring and lights throughout
apartment,
5. Defective windows,
4. Building entrance door has no locks,
GB 210024 RT; GC 210170 RO
5. Roach and mouse infestation.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on August 7,
1991 and denied each allegation contained in the complaint.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on December 2, 1991 and
revealed the following:
1. Bathroom ceiling totally collapsed,
2. Bathroom floor defective,
3. Light fixture and switch in kitchen connected with
exposed wiring; light fixture on living room
ceiling is hanging on exposed wire; fixture and
switch in living room connected with exposed
wiring; light fixtures in the two bedrooms are
hanging from exposed wiring,
4. Two windows in bedroom have loose sashes and are
drafty; kitchen window top sash falling and bottom
sash has broken glass; both sashes loose and
drafty; bathroom window top sash has broken glass
and top and lower sashes are loose and drafty;
living room cannot be opened and has defective lock
and loose drafty lower sash,
5. Evidence of roach and mice infestation.
The Administrator issued the order here under review on
December 30, 1991 and ordered a rent reduction equal to the most
recent guideline adjustment effective August 1, 1991.
Both parties have filed appeals from the order here under
review. The tenant states that the owner has repaired the bathroom
ceiling but all other defects reported by the inspector have still
not been repaired. The owner filed a response to the tenant's
petition on June 19, 1992 and stated that he had made repairs, that
the tenant was harassing him and obstructing his efforts, and that
he has exterminated the public areas.
The owner's petition states that all repairs have been made
and that services have been maintained despite the report of the
inspector. The owner accuses the tenant of causing the problems in
the apartment by unauthorized installations and states that the
tenant's lease requires the tenant to make repairs at the tenant's
own expense. The tenant filed a response on April 28, 1992 and
reiterated her claim that the owner had only repaired the ceiling
and painted the bathroom walls.
GB 210024 RT; GC 210170 RO
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petitions should be denied.
With regard to the tenant's petition, the Commissioner finds
that the tenant has not stated any error committed by the
Administrator in issuing the order here under review. Although the
tenant states that the bathroom ceiling has been repaired, she does
not state whether the repair was done before or after issuance of
the order here under review. Since the tenant has stated no
grounds for overturning or modifying the Administrator's order,
this petition is denied.
The owner's petition attempts to attack the report of the DHCR
inspector. Said report found numerous services deficiencies. The
owner offers no evidence to rebut the report, other than the
assertion that services have continued to be maintained. Numerous
prior orders of the Commissioner have stated that the report of a
DHCR inspector is entitled to more probative weight than the
unsupported allegations of a party to the proceeding.
Pursuant to 9 NYCRR 2523.4 (a), a tenant may apply to the DHCR
for a rent reduction and the rent shall be reduced upon a finding
that the owner has failed to maintain required services. Repairs
and maintenance are included in the definition of required services
pursuant to 9 NYCRR 2520.6 (r). The Commissioner finds that the
Administrator properly based this determination on the entire
record, including the results of the on-site physical inspection
conducted on December 2, 1991. Since the owner has put forth no
grounds upon which to overturn or modify that order, the owner's
petition is denied. The order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that these petitions be, and the same hereby are,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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