HA110210RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: HA110210RO
BRITANNIA MANAGEMENT RENT
MICHAEL ZWEBNER ADMINISTRATOR'S DOCKET
NO.: GA110160S
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-owner representative filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 11, 1992. The order concerned housing
accommodations known as Apt 449B located at 147-35 68th Drive,
Flushing, 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 January 6, 1992 by
filing a Statement of Complaint of Decrease in Services wherein
she listed several conditions in her apartment that had been found
by a professional engineer to require repair.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on February
27, 1992 and stated that it had not been provided with a copy of
the engineer's report, that they had made repairs to correct one
condition, that it was investigating another and that one tenant
complaint did not constitute a service reduction.
The tenant filed a reply on October 19, 1992 and stated that
repairs had not been completed in her apartment.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on October 23, 1992 and
revealed the following:
1. Defective front door frame alignment,
HA110210RO
2. Wall around right living room window bulged,
3. No apartment door peephole. Door in need of
painting.
The following services were found to have been maintained:
1. Electric panel cover plate,
2. Kitchen electric outlet,
3. Buzzer,
4. Apartment entry door chain guard.
The Administrator issued the order here under review on
December 12, 1992 and ordered a rent reduction of an amount equal
to the most recent guideline adjustment based on the report of the
DHCR inspector.
On appeal the owner states that a similar complaint had been
filed by a neighboring tenant and was denied by the Administrator
in an order bearing Docket No. GA110162S. The owner also attached
to the petition a copy of the answer filed with the Rent
Administrator.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner has examined the record of the proceeding
bearing Docket No. GA110162S and has determined that the conditions
in that proceeding relate to a different apartment and are not
relevant to the determination herein.
Pursuant to Section 2523.4 of the Rent Stabilization Code a
tenant may apply to the DHCR for a rent reduction based on the
failure of the owner to maintain required services. The
Administrator shall reduce the rent upon finding that the owner has
failed to maintain said services. Section 2520.6 (r) of the Code
includes repairs and maintenance within the definition of required
services. The Commissioner finds that the Administrator based this
determination on the entire record including the results of the on-
site physical inspection described above. The order here under
review is affirmed.
The stay of the retroactive rent abatement that resulted by
the filing of this petition for administrative review is vacated
upon issuance of this order and opinion. The owner may file for
rent restoration when services have been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
HA110210RO
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
Deputy Commissioner
|
