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.:
HB130108RO
(Refile of GL130130RO)
Anna Cerulli, RENT ADMINISTRATOR'S
DOCKET NO.: GB130119B
PREMISES:
24-48 27 Street
Astoria, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on December 4, 1992
concerning the housing accommodations relating to the above-
described docket number.
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 in this petition.
The tenant commenced the proceeding on February 26, 1992 by filing
a complaint asserting that the owner failed to maintain certain
services in the subject building.
On March 17, 1992, DHCR mailed a copy of the complaint to the
owner.
Thereafter, a physical inspection of the building was conducted on
October 26, 1992 by a DHCR staff member who confirmed that the
lighting in the public hallways was inadequate.
By an order dated December 4, 1992, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that completed repairs were verified by DHCR on December
8, 1992 and that the complaining tenant no longer lives in the
building. The owner submitted no evidence to substantiate said date
of repairs or the tenant's non-residence in the building.
HB130108RO
On March 8, 1993, DHCR mailed a copy of the petition to the tenant.
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 petition does not establish any basis to revoke or
modify the Administrator's determination based on the October 26,
1992 inspection which confirmed the existence of defective
conditions, warranting a rent reduction. The allegations that
repairs were completed and that the tenant no longer resides in the
building are unsubstantiated and without merit, and fail to disturb
the findings of the October 26, 1992 inspection.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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
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