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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.: GC 120120 RO
BENENSON INVESTMENT COMPANY DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FE 120405 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 10, 1992 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued March 6, 1992. The order concerned
housing accommodations known as Apt A1 located at 37-41 81st
Street, Jackson Heights, N.Y. The Administrator ordered a rent
reduction for failure to maintain essential services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement of
Complaint of Decrease in Services on May 13, 1991 wherein he
alleged the following services deficiencies:
1. Kitchen cabinets do not close; refrigerator handle
broken;
2. Bathtub does not hold water; bathroom window latch
broken; screen on bathroom window has holes;
3. Broken latch on bedroom right side window;
4. Latch broken on living room left side window;
screen is deteriorated
5. Mice in apartment;
6. Gas leaks in kitchen;
7. Water damaged walls;
8. Kitchen floor in poor condition;
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9. Water leaks and stains apartment wide;
10. Peeling paint and plaster apartment wide.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner failed to respond to the
complaint.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on November 18, 1991 and
December 24, 1992 and revealed the following:
1. Kitchen cabinet doors do not close properly,
2. Refrigerator handle broken,
3. Leaking hot water faucet on bathtub,
4. Window lock broken in bathroom # 1,
5. Right window lock broken in bedroom # 1,
6. Living room left window lock broken,
7. Living room right window screen broken,
The following services were found to have been maintained:
1. No evidence of defective window screen,
2. No evidence of vermin infestation,
3. No evidence of defective walls,
4. No evidence of leaks or stains,
5. Gas properly supplied in kitchen,
6. No evidence of peeling paint and plaster in living
room,
7. No evidence of defective kitchen floor,
8. No evidence of defective door bell,
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9. Intercom operative at time of inspection,
10. Buzzer operative at time of inspection.
The Administrator issued the order here under review on
January 16, 1992 and ordered a rent reduction of $24.00 per month
based on the report of the inspector.
On appeal the owner states that it never received a copy of
the original complaint and was thus denied due process. The tenant
filed a response on April 8, 1992 and requested that the order here
under review be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
A check of the applicable records shows that the instant
complaint was properly served on Benenson Investment Co., 445 Park
Avenue, New York, N.Y., the registered owner herein. Accordingly,
the Commissioner rejects the owner's contention that it was not
properly served with said complaint.
Pursuant to 9 NYCRR 2202.16 if it is found that there has been
a decrease in the dwelling space, essential services, furniture,
furnishings or equipment required to be provided, the Administrator
may order a decrease in the maximum rent in an amount determined by
the reasonable exercise of discretion. The record in the instant
case reveals that the tenant complained about certain conditions at
the premises and a physical inspection conducted on December 24,
1991 confirmed that these conditions did, in fact, exist.
Accordingly, the Commissioner finds that the rent
reduction ordered by the Administrator was warranted.
The Commissioner notes that the owner has filed for rent
restoration and said application is now pending before the agency
(see Docket No. GE 120112 OR).
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
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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