STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
Wing Fu Lau,
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 54-56 Mulberry St. Apt.9, New York, N.Y.
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 tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
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.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed the existence of the following
defective conditions: Peeling paint and plaster throughout the
apartment, rodent and roach infestation, bedroom and kitchen
windows are, loose, water stained and peeling paint, defective
entrance door lock.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the legal rent.
The owner filed a petition but failed to state any cause of action.
Subsequent to DHCR serving a copy of the owner's petition on
December 13, 1987, the tenant interposed an answer which stated
that all the items for which a rent reduction was granted are still
On January 11, 1992, DHCR corresponded with the petitioner and
requested the owner to supply a statement containing the reasons it
objected to the order, within twenty days of said correspondence.
The record does not contain any written response from the
On November 6, 1992, DHCR corresponded with the petitioner
requesting the owner to inform the agency if there was still an
active issue to be resolved.
On December 7, 1992 the petitioner informed DHCR that there was
still an active issue to be resolved, but did not point to any
errors in the order being appealed.
After careful consideration, the Commissioner is of the opinion
that the petition should be terminated for failure to state a cause
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this petition be, and the same hereby is, terminated,
and that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA