BJ 430235 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
SAMUEL KIZNER, DOCKET NO.:
229 West 101st Street
PETITIONER Apt. 2-D, New York, NY
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 accommodation
relating to the above-described docket number.
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 this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner stated the superintendent had some
difficulty gaining access but that once access was provided
repair work was done and water leakage into the apartment had
Thereafter on August 11, 1987, an inspection of the subject
apartment was conducted by a DHCR inspector. The inspection
revealed that although leak damage in the bathroom had been
corrected, that the living room ceiling was bulging evidencing a
leak and bathroom sink and shower cold water faucets were
By order dated September 24, 1987 the Rent Administrator directed
restoration of these services and further ordered a reduction of
the stabilized rent.
In its petition for administrative review, the owner states, in
substance, that repair work has beeen performed to correct the
living room leak problem and the bathroom and shower faucets are
After a careful consideration, the Commissioner is of the opinion
BJ 430235 RO
that the petition should be denied.
The owner's petition does not make clear whether it is the
owner's contention that repairs had been made before the
apartment was inspected or the order was issued or whether the
contention is that repairs were made following the issuance of
the Rent Administrator's order. If it is the former, then the
owner's allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's
order reducing the rent was nevertheless correct when issued.
The contention that the bathroom sink and shower faucets were not
defective is contradicated by the inspector's report.
This Order is issued without prejudice to the owner filinig a
restoration of services application.
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,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner