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. BF 110399-RO
: RENT ADMINISTRATOR'S
RICHARD ALBERT, : DOCKET NO. AH 110594 S
ORDER AND OPINION GRANTING PETITION
FOR ADMINISTRATIVE REVIEW
On June 17, 1987, the above-named owner filed a petition for
administrative review of an order issued on June 9, 1987, by a Rent
Administrator concerning the housing accommodation known as Apartment
2U, 93-49 222nd Street, Queens Village, New York, wherein the owner
was directed to repair an intercom system in the subject building.
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 September 9, 1986 the subject tenant filed an application for a
rent reduction based on the owner's alleged failure to maintain
service alleging a defective and inoperable intercom system.
On September 17, 1986 the owner interposed an answer to the tenant's
complaint wherein he alleged, inter alia, that there never was an
operating intercom system in the building that it is not a required
service, and that this has been confirmed by the Housing Court.
On November 21, 1986 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 intercom was not
On June 9, 1987 the Rent Administrator issued the order here under
review directing the owner to restore the intercom to operating
In his petition for administrative review the owner requests reversal
of the administrator's order alleging, inter alia, that an operating
intercom system is not a required service in the building and this has
been decided in prior dockets and hearings by the DHCR as well as in
the Housing Court.
DOC. NO.: BF 110399-RO
After careful consideration the Commissioner is of the opinion that
this petition should be granted.
The Commissioner notes that the question of an operating intercom in
the subject building was settled by the DHCR in prior dockets BB
130149RT, BB 130151RO, BB 130356RO, et al. wherein it was determined
that an operating intercom system was not a required or essential
service for the subject building.
Since the intercom is not a required service, the Administrator's
order directing the owner to restore it to operating condition was
without any legal basis and must be revoked.
THEREFORE, in accordance with the Rent Stabilization Law and Code, and
the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted and
that the Rent Administrator's order be, and the same hereby is,