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.: CG110022RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes, DOCKET NO.: BK120428S
PETITIONER PREMISES: 88-06 Parsons Blvd.
Apt. 7D
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 13, 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 transmitted a copy of the complaint to
the owner.
A physical inspection of the subject apartment was conducted on
April 8, 1988 by a DHCR staff member who confirmed that the drain
pipe was loose; the stove was defective; the electrical pilot was
inoperative; the freezer was leaking; the ceilings and walls in the
bathroom and hall closets were peeling paint and plaster; the
electrical wire fixture in the bathroom was loose; the bathroom
tiles needed regrouting and did not match; the apartment door lock
was inoperative; the apartment door bell was inoperative; the
flushometer pressure was inadequate in the toilet; and the apartment
was roach infested.
By an order dated June 13, 1988, the Administrator directed the
restoration of services and reduced the stabilized rent.
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CG110022RO
In the petition for administrative review, the owner contends that
the complained of conditions were repaired or are scheduled for
repair; the tenant refused to cooperate with the owner; and 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.
No hearing is necessary when the inspection findings are clear,
convincing and unrebutted. The owner's petition fails to rebut the
finding of defective conditions which warrant a rent reduction. The
unsubstantiated contentions concerning repairs and the tenant's
refusal to cooperate are raised for the first time on appeal and
beyond the scope of administrative review. Accordingly, the
determination was in all respects proper and is hereby sustained.
The Commissioner notes that the rent restoration application
(DA110169OR) was denied on May 3, 1989; and the rent restoration
application (EL120070OR) was denied on April 30, 1991.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance 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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