ADM. REVIEW DOCKET NO.: GJ 110096 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.:
GJ 110096 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
EG 110682 S
PREMISES: 72-04 Woodhaven
Blvd., Apt. No. 1A,
Glendale, NY
HARVEY KALT,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely filed a petition for
administrative review of an order issued on September 17, 1992
concerning the housing accommodations relating to the above-
described docket number wherein the Administrator ordered a rent
reduction based on a finding of a decrease in services.
The issue in this appeal is whether the Administrator's order
was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
This proceeding was commenced on July 25, 1990 by a rent-
stabilized tenant filing a complaint of a decrease in services,
alleging numerous defective conditions.
On August 1, 1990, the Division mailed the owner a copy of the
tenant's complaint.
In an answer filed on January 25, 1991, the owner stated that
"all repairs and painting of entire apartment were completed in
mid-December 1990."
ADM. REVIEW DOCKET NO.: GJ 110096 RO
On May 22, 1992, the Division sent the tenant a copy of the
owner's answer and a request to confirm or deny same.
The tenant filed a reply on June 12, 1992 denying that repairs
have been completed.
Thereafter, an on-site inspection of the subject apartment was
conducted on July 13, 1992 by a Division staff member who confirmed
the existence of defective conditions.
Based on said inspection, the Administrator determined that
the bathroom ceiling and wall have leak stains and mildew; and that
there is evidence of a water leak in the bathroom light fixture
and the bathroom electric outlet. On September 17, 1992, the
Administrator issued the order hereunder review, reducing the
tenant's rent to the level in effect prior to the last rent
guidelines increase, effective September 1, 1990.
In this petition, the owner contends in substance that the
water leak was "caused due to the negligence of the upper tenant";
and that all repairs had been made on this "one-time occurrence."
In answer to the owner's petition, the tenant states that the
bathroom leak occurred in July 1990, while the leak from the upper
tenant occurred in February 1992; and that no repairs had ever been
made.
The Administrator's determination was based upon a staff
inspector's report which found defective conditions within the
apartment. The determination was in all respects proper and is
hereby sustained.
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
ADM. REVIEW DOCKET NO.: GJ 110096 RO
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