STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AI 110027-RO
DRO DOCKET NO.: ZQ 0003904-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 19, 1986, the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on September 5, 1986 by
the Rent Administrator 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodation known as 63-109 Saunders Street,
Apartment A-1, Rego Park, New York wherein the Administrator found a
decrease in services and ordered a reduction in rent.
The tenant (Andrew Wolf) commenced this proceeding on November 20, 1985 by
filing a complaint of a diminution of services.
A copy of the complaint was sent to the owner.
On March 24, 1986, the owner responded requesting dismissal of the
complaint. The owner asserted that all necessary repairs had been made
and to substantiate the assertion submitted work orders signed by the
tenant indicating that repairs had been made in December 1985 and January
On June 3, 1986 a physical inspection of the subject premises was
conducted by a Division staff member who confirmed the existence of
Based upon the foregoing inspection, the Administrator directed the
restoration of these services and further ordered a reduction of the
On appeal, requesting revocation of the order, the owner contends that all
repairs were made prior to the issuance of the order. The owner resubmits
with the petition copies of the signed worksheets which were previously
had been submitted with its answer the complaint.
In objecting to the petition, the tenant contends that the order should be
sustained because it is based on an inspection which occurred several
months after the worksheets were signed.
After careful consideration, the Commissioner is of the opinion that this
petition should be denied.
DOCKET NUMBER: AI 110027-RO
Although the owner has some evidence that repairs had been made, the
signed worksheets do not attest to the quality or completeness of the
Despite the owner's assertions that all repairs had been made, the
Division inspection conducted on June 3, 1986 revealed the existence of a
decrease in services. Accordingly, the Commissioner finds that pursuant
to Code Section 2523.4 that Administrator was mandated to order a rent
This order is without prejudice to the owner's right to file for a
restoration of rent, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and the
Rent Administrator's order be, and the same hereby is, affirmed.