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.: CG110014RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes DOCKET NO.: BK110417S
PETITIONER PREMISES: 88-06 Parsons Blvd.
Apt. 9C
Jamaica, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 2, 1988 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
This proceeding was commenced on November 6, 1987 by the tenant
filing a complaint asserting that the owner failed to maintain
various services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
that "the true intent of these complaints is to stop any MCI filed";
and that defective conditions were already "repaired or scheduled
for repair within the next 30 to 45 days".
A physical inspection of the subject apartment was conducted on
April 6, 1988 by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated June 2, 1988, the Administrator determined that
the bathtub faucets leaked; the bathroom wall tiles were uneven; the
bathroom ceiling and walls were cracked and moldy; the pipes
underneath the kitchen sink leaked; the bedroom ceiling sheet rock
was rough and unpainted; the living room and foyer ceilings were
peeling paint and plaster; the foyer was peeling paint and plaster;
the flushometer pressure was inadequate; the apartment was infested
by vermin; and the doorbell was inoperative. The Administrator
directed the restoration of services and reduced the stabilized
rent.
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CG110014RO
In the petition for administrative review, the owner contends that
repairs were performed or are being scheduled; that the tenant
refused to confer with the owner to hasten repairs; and that a
hearing is requested. There are no attachments to substantiate these
contentions.
On August 22, 1988, 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
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 Administrator's determination was based on the entire record
including the results of the physical inspection on April 6, 1988.
The owner's petition fails to rebut the finding of defective
conditions which warrant a rent reduction. The contentions in the
petition are unsubstantiated; and no hearing is necessary when the
results of the physical inspection were clear, convincing and
unrebutted. Accordingly, the determination was in all respects
proper and is hereby sustained.
The Commissioner notes that the rent restoration application was
granted on May 1, 1989.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon isuance 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,
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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