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.: CG110021RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes, DOCKET NO.: BK110429S
PETITIONER PREMISES: 88-06 Parsons Blvd.
Apt. 6D
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 in
relevant part the bathroom floor, the bathroom ceiling tiles, the
bedroom ceiling, the sink pipe, the kitchen cabinet ceiling, the
four (4) kichen outlets and the extermination services.
In answer, the owner denied the allegations and otherwise asserted
that "the true intent of these complaints is to stop any MCI filed";
and the 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 8, 1988 by a DHCR staff member who confirmed that the bathroom
floor and ceiling tiles were cracked; the bedroom ceilings were
uneven and water-stained; the sink pipe was repaired in an
uworkmanlike manner, the kitchen cabinet ceiling had peeling paint
and plaster; the four(4) kitchen outlets were inoperative and two(2)
of these were loose; and there was mice and roach infestation.
By an order dated May 31, 1988, the Administrator directed the
restoration of services and reduced the stabilized rent.
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CG110021RO
In the petition for administrative review, the owner contends that
the conditions enumerated by the order were not mentioned in the
complaint; the tenant refused to deal directly with the owner; 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 8, 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
defective conditions enumerated by the order; 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
(DA110141OR) was granted on April 19, 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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