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.:GH420073RO
775 Riverside Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.:FJ510206S
SUBJECT PREMISES:
775 Riverside Drive
Apt. 4A
New York, NY
PETITIONER
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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 31, 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 the petition.
The tenant commenced this proceeding on October 9, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that services were being
provided and maintained. The owner submitted copies of various work
orders allegedly signed by the tenant during November and December
1991.
The tenant was informed of the owner's answer. The tenant replied
that the windows in the living room were not repaired, no new
kitchen sink was installed, the refrigerator was not in working
condition, and the hallway lights were not in working order.
On July 1, 1992, a physical inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions in the following:
(1) window panes in the living room,
(2) apartment hallway light,
(3) refrigerator temperature of the fresh food compartment,
GH420073RO
(4) refrigerator temperature of the freezer compartment, and
(5) vermin control in the apartment.
By an order dated July 31, 1992, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done.
DHCR mailed a copy of the petition to the tenant, who denied the
allegations in the petition.
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 owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the July
1, 1992 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The owner's rent restoration application (GH410116OR) was denied on
April 28, 1994.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, 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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