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.:
REGENCY GARDENS COMPANY, RENT ADMINISTRATOR'S
PETITIONER PREMISES: Apt. 2-H,
----------------------------------x 141-12 79th Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all the evidence in the recorded
and has carefully considered that portion of the record relevant
to the issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment, including road infestation.
In its answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required
repairs had been or will be completed.
Thereafter an inspection of the subject apartment was conducted
by a D.H.C.R. inspector who confirmed the existence of roach
infestation in the tenant's apartment.
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 repairs have been performed. The owner claims to
provide extermination service regularly, as proven by the en-
closed contract with an exterminating company.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's petitio fails to assert any challenge to the
Administrator's order. The record establishes that the roach
infestation was verified by an inspection several months after
proper notice of the complaint to the owner. Moreover, the
exterminating company contract is dated after the inspection had
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon a restoration of services, if the facts so
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
JOSEPH A. D'AGOSTA