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.: CG110018RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes, DOCKET NO.: BK110418S
PETITIONER PREMISES: 88-06 Parsons Blvd.
Apt. 8C
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 May 31, 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.
On December 29, 1987, DHCR mailed a copy of the complaint to the
owner.
In an answer dated January 14, 1988, the owner asserted in substance
that the true intent of the complaint was to stop any MCI filed; and
the conditions were corrected or are "scheduled for repairs within
the next 30 to 40 days."
Thereafter, 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 May 31, 1988, the Administrator determined that
the drain pipe of the kitchen sink leaked; the flushometer leaked;
the doorbell was defective; the outlet wires of the living room were
exposed; and there was vermin infestation.
The Administrator directed the restoration of services and reduced
the stabilized rent.
1.
CG110018RO
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.
These rent restoration applications were denied: CH110241OR on May
24, 1989 and EL110077OR on April 30, 1991.
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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