HH420139RT
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.:
HH420139RT
CAROL BENOIT,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER GC420321S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant filed a timely petition for
administrative review (PAR) of an order issued concerning the
housing accommodation known as 697 West End Avenue, Apartment 12-A,
New York, New York, wherein the Administrator denied the tenant's
complaint on the basis that the condition complained of had been
corrected.
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.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on
June 7, 1993, who confirmed that there was no problem with the hot
and cold water pressure, shower head, and hot and cold water
kitchen faucet at the time of the inspection.
The Rent Administrator denied the tenant's complaint on the basis
that the conditions complained of had been corrected.
HH420139RT
In its petition for administrative review, the tenant states in
substance, that the problems with the water faucets do not exist 24
hours a day. Hot water comes out of the cold water tap very often
for a long period of time but not always, and when the inspection
was conducted, the water came out of its proper tap.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and removal of refuse.
The tenant's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that there were
no defective conditions in the apartment based on a physical
inspection, on June 7, 1993, for which a rent reduction was not
warranted.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, 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
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