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.: CG110020RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes, DOCKET NO.: BK110415S
PETITIONER PREMISES: 88-06 Parsons Blvd.
Apt. 11C
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 December 29, 1987 by the tenant
filing a complaint asserting that the owner failed to maintain
various services in the subject apartment, which included bathtub
faucets having no water and bathroom walls with missing tiles and
plastered over.
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 that the bathtub
faucets had no water; the bathroom wall tiles were missing; the
apartment was infested with vermin; the windows of the apartment had
no windows guards; the apartment entrance door had plank wood in
place of a door; the door was improperly aligned and rubbed against
the floor; the main lock was missing; and the doorbell was
inoperative.
By an order dated May 31, 1988, the Administrator directed the
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CG110020RO
restoration of services and reduced the stabilized rent.
In the petition for administrative review, the owner contends that
the finding about bathtub faucets without water and the bathroom
wall missing tiles was not in the complaint; 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; the tenant did complain about the
bathtub faucets and the bathroom walls; 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
(CH110254OR) was denied on May 30, 1989 and that the rent
restoration application (EL110076OR) was granted on March 15, 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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