DHCR Decisions
Docket Number: FA 610314-RO
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.: FA 610314-RO
:
DISTRICT RENT ADMINISTRATOR'S
: DOCKET NOS.: FD 610191-OR
KENNETH ROTNER, CC 610010-S
: Subject Premises:
175 East 151 Street
PETITIONER : Apt. No. 40, Bronx, NY 10451
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 30, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on January 8, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was originally commenced on April 30, 1990 by the
owner filing an application to restore rent based on the restoration
of services including, but not limited to, the "bell system" of the
subject apartment.
In its answer filed on June 5, 1990, the tenant denied the allegat
ions set forth in the owner's application and otherwise asserted
that the intercom system and the door bell system are still
defective.
Thereafter on December 20, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed that
the "apartment door bells" are "not working."
Based on said inspection, the Rent Administrator denied on January
8, 1991 the owner's application.
In this petition, the owner contends in substance that the apartment
door bells "have been in good working order at all relevant times";
that the intercom system, which includes the bell/buzzer, was
repaired; and that the apartment door bells should also be in good
condition. The owner also alleged that it was not informed of the
defective apartment door bells; and that it subsequently repaired
them.
In reply, the tenant restated its original complaint that its
Docket Number: FA 610314-RO
"apartment entry doorbell stopped working in the latter part of 1986
and was never satisfactorily repaired"; and that "while the other
conditions have been repaired, the bell system is still defec
tive...."
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
It is noted that the owner was duly notified of the defective
apartment door bells by the tenant's original complaint and by the
rent reduction order; and that the owner alleged repairs of same
subsequent to denial of its rent restoration application. Then, the
Administrator's order, based on the inspection finding the continued
existence of defective apartment door bells, was correct when
issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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