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.:
JEFFREY STROMBERG, DOCKET NO.:
107 Montague Street,
Apt. No. 8
PETITIONER Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on November 23, 1987 concerning the
housing accommodations relating to the above-described docket
number wherein the Administrator ordered a rent restoration based
on a finding of restoration of services.
The issue in this appeal is whether the Administrator's order was
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.
This proceeding was commenced on March 23, 1987 by the owner filing
an application to restore rent based on the restoration of services
for which a rent reduction order was issued on March 1, 1986, under
Docket No. AA200395S, for peeling paint and plaster on the ceiling
of the bedroom, for dirty public areas, for light bulbs requiring
replacement, and for lack of trash removal.
The tenant filed an answer on April 15, 1987, alleging in substance
that the owner's application should be denied because deficiencies
On August 20, 1987, an inspection of the subject apartment was
conducted by a Division staff member who reported that the bedroom
ceiling and wall are plastered and painted; that the public areas
in the building are clean; that the lighting throughout the
building is adequate; and that there is a small area of crumbling
plaster in the bedroom.
Based on said inspection, the Administrator granted the owner's
application and restored the stabilized rent to the level in effect
prior to the rent reduction effective May 1, 1987. The Adminis-
trator, however, directed the owner to repair a small area of
crumbling plaster in the bedroom.
In the petition for administrative review, the tenant contends in
substance that since a minor repair has not been completed on the
fire escape window, the Administrator's order should be reversed;
or that the order appealed from should be modified "to restore the
rent as of December 1987 if the minor repair on the window is
completed". The tenant also alluded to an inspection notice in
another proceeding (Docket No. AA200137S) concerning decreased
On January 15, 1988, the Division mailed a copy of the tenant's
petition to the owner.
The owner answered that the tenant had refused to pay the restored
rent; that the tenant had filed numerous complaints before to
obtain a rent reduction; and that the Administrator's rent restor-
ation order based on a physical inspection should be sustained.
A copy of the owner's answer was mailed to the tenant on May 25,
The Commissioner is of the opinion that the petition should be
The Administrator's order is properly based on the entire record,
including the results of the August 20, 1987 on-site inspection
which disclosed the restoration of services for which the rent was
reduced in Docket No. AA200395S. The Administrator's grant of the
owner's application notwithstanding the presence of a small area of
minor repair on the fire escape window did not represent an abuse
of the Administrator's discretion.
In addition, this minor repair on the fire escape window was not a
specified item in the rent reduction order under Docket No.
AA200395S. The tenant's claims of the existence of defective con-
ditions which were not originally complained-of in another
proceeding (Docket No. AA200137S) are irrelevant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA