ARL 02607 Q
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. ARL 02607-Q
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. TC 083955-P
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 12, 1985 the above-named owner filed a timely petition
for administrative review of an order dated on February 20, 1985
and issued on March 13, 1985 by a District Rent Administrator
concerning the housing accommodations known as Apartment 5 , 67-
67 Burns Street, Forest Hills, New York, wherein rent was reduced
due to a diminution of services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
On March 26, 1984, the tenant filed an application for a rent
reduction based on the owner's failure to provide or maintain
services, to wit: faulty windows and frames.
On November 19, 1984, the owner's answer was received. The owner
alleged that the windows were in good condition, but might need a
small adjustment which would be corrected immediately. The owner
requested a physical inspection.
On January 4, 1985 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the living room
windows were difficult to open, the bathroom top window sash was
painted shut, the kitchen lower window sash was loose, and the
window frames in the kitchen and bedroom required painting.
On February 20, 1985 the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and reducing the tenant's rent to the level in effect prior to
the last rent guideline increases which commenced before the
effective date of the rent reduction.
Contemporaneous with its petition for review, on April 12, 1985
the owner filed an application to restore rent based upon a
restoration of services under Docket No. Q 83955-OR. That
ARL 02607 Q
application ( (Q83955-OR) was granted on May 22, 1986. The tenant
filed no petition for administrative review of the
Administrator's order granting the rent restoration.
In its petition for administrative review the owner requests
revocation of the Rent Administrator's order reducing the rent.
The owner repeats the allegations made below and alleges the
window conditions were always adequate. The owner repeats his
request for an inspection.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on January 4, 1985, and
that the administrator was mandated to reduce the rent upon
determining that the owner had failed to maintain services.
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 Rent Administrator's order be, and the same hereby