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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CG210118RO
Cape Management Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.:
BK210523S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 4200 Avenue K, Apt. 2B, Brooklyn, N.Y.
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 the petition.
The tenant commenced the proceeding below by filing an Application
for Rent Reduction because of the owner's failure to maintain the
intercom system.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 25, 1988. The
inspector reported the intercom system to be defective.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that all repairs have been made to the intercom system.
The owner also enclosed a signed letter from the tenant attesting
to the fact that the intercom system was currently working and in
good condition.
The DHCR served a copy of the petition on the tenant on October 31,
1988. In its answer the tenant states that the intercom was not
fixed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
CG210118RO
The Administrator's order was properly based on a April 25, 1988
on-site inspection which confirmed that the intercom system was
defective. Accordingly, the determination was in all respects
proper and is hereby sustained.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The Division's records reveal that the owner's rent reduction
application was granted on March 29, 1989 (Docket No. CI210057OR).
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
and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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