GD 210205 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
APPEAL OF DOCKET NO.: GD 210205 RO
FOSTER APARTMENT GROUP RENT
ADMINISTRATOR'S DOCKET
NO.: EC 210421 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 20, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 9, 1992. The order concerned housing
accommodations known as Apt 6C located at 1360 New York Ave.,
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 this
appeal.
The tenant commenced this proceeding on March 9, 1990 by
filing a Statement of Complaint of Decrease in Services wherein he
alleged the following services deficiencies:
1. Defective refrigerator,
2. Stove in need of replacement,
3. Door lock needs to be replaced.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on May 4,
1990 and stated that the refrigerator was functioning properly,
that the stove was replaced and that the door lock was also
replaced.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 13, 1992 and
revealed the following:
1. Freezer temperature at 36 degrees and fresh food
compartment temperature at 59 degrees.
The inspector also reported that the stove and oven were operating
properly and that the entry door lock was also functioning
GD 210205 RO
properly.
The Administrator issued the order here under review on April
9, 1992 and ordered a rent reduction of an amount equal to the most
recent guideline adjustment based on the report of the inspector.
On appeal the owner states that the refrigerator was changed
on April 7, 1992 and is working properly. The owner attached a
copy of a work ticket for the new refrigerator, signed by the
tenant and dated April 7, 1992. The tenant did not file a
response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The relevant inquiry which the Commissioner must make in
deciding this administrative appeal is whether the Administrator
correctly issued the order here under review based on the evidence
contained in the record at the time of issuance. The Commissioner
finds that the Administrator was correct. It is settled law that
the report of a DHCR inspector is entitled to great probative
weight and the Administrator was correct to rely on that report.
The Commissioner notes that the owner did not submit any evidence
to the Administrator regarding repairs and the work ticket for this
refrigerator submitted for the first time with the petition refers
to an installation made more than two years after the complaint was
filed.
Pursuant to 9 NYCRR 2523.4 a tenant may apply to the DHCR for
a rent reduction and the Division is required to reduce the rent
upon a finding that services are not being maintained. Repairs and
maintenance fall within the definition of required services
pursuant to 9 NYCRR 2520.6(r). The Commissioner finds that the
Administrator determined this matter based on the entire record
including the results of the on-site physical inspection conducted
on March 13, 1992. The order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code 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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