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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.:
ED430402RO (Refile of
EB430262RO)
HOP HING REALTY CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DE430058B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review (PAR) of an order issued on January 22, 1990
concerning the housing accommodations known as 238 Mott Street, New
York, New York, wherein the Rent Administrator determined that
conditions found at the subject premises constituted building-wide
services decreases.
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 proceedings were commenced by one tenant filing a complaint
asserting that the owner has failed to maintain the subject prem-
ises.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed. In support the owner submitted monthly
invoices for exterminating services and the signed statement of the
complainant, stating that the owner had repaired the public areas
defects.
Thereafter, an inspection of the subject premises was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on
November 17, 1989 who found vermin infestation and holes in public
area floors, the conditions cited in the complaint.
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The Rent Administrator directed restoration of the services and,
further, ordered a reduction of the controlled rents. All the
controlled tenants benefitted from the rent reduction since the
tenant that signed the complaint was rent controlled.
In its petition for administrative review, the owner states that
all holes have been covered and that extermination services are
provided on a monthly basis.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
DHCR may order rent reductions where it is found that an owner has
failed to maintain the premises or essential 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 services, based on a physical inspection confirming the
existence of defective conditions in the subject premises for which
rent reductions were warranted.
The tenant signed a statement below that holes in the public halls
had been repaired by May 10, 1989. However, holes were still
evident at the time of the subsequent November 1989 inspection. If
the conditions were corrected prior to the issuance of the order
under review, the owner offered no evidence to substantiate the
allegation. If the conditions were corrected after the issuance
date, the determination was proper.
The Administrator's order also states that there was evidence of
vermin infestation. There has been no finding that extermination
is not provided or not made available to tenants. The extermina-
tion, as performed, has been ineffective, and such was evident at
the time of inspection.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations,
for New York City, it is
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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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