HE510050RO
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.: HE510050RO
RENT ADMINISTRATOR'S
DOCKET NO.: EH510365S
Hi Pine Realty Corp.,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a petition for
administrative review of an order issued on August 21, 1992, by the
Rent Administrator, concerning the housing accommodation known as
815 West 180 St., Apt. 44, New York, N.Y., wherein the
Administrator determined that based on a physical inspection
certain services were not being maintained in the subject
apartment.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The tenant commenced the proceeding below by filing a
complaint asserting that the owner failed to maintain certain
services in the subject apartment.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions: walls and ceiling have cracks,
and peeling paint and plaster.
The Rent Administrator directed restoration of these services
and further ordered, a reduction of the stabilization rent.
HE510050RO
In its petition for administrative review, the owner states,
in substance, that it became the new owner prior to the issuance of
the Administrator's order and this tenant never complained about a
need for the kitchen to be painted and plastered and that upon
receipt of this Notice of Complaint by the tenant, the owner
arranged to have the entire apartment painted and plastered where
necessary.
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 required 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 for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The record reveals that the registered owner was properly
served with the complaint by DHCR and that that owner interposed an
answer which stated in pertinent part, that the tenant was told by
the superintendent to make arrangements with him for the completion
of repairs, but she never called to make an appointment.
It is noted that the owner filed a rent restoration
application under docket no. HD510004OR which is pending before the
Administrator.
The automatic stay of the retroactive rent abatement 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, and the Emergency Tenant Protection Act of 1974, 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
Deputy Commissioner
HE510050RO
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