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.: CA610272RO
DOCKET NO.: BD610116OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 28, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
January 14, 1988, by the Rent Administrator, concerning the housing
accommodation known as 3535 Rochambeau Ave, Bronx, New York, Apt.
4K wherein the Administrator denied the owner's rent restoration
application on the basis that the conditions which led to the rent
reduction had not been corrected.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issued raised by the administrative appeal.
This proceeding was commenced by the filing of an application
to restore rent dated April 22, 1987. An inspection conducted on
November 18, 1987 by a Division employee, confirmed that some of
the conditions for which a rent reduction was given had not been
corrected, resulting in the Administrator's order of January 14,
In the PAR, the owner alleges that it provides extermination
service on Saturday at its sole expense; that the tenant has
refused extermination citing his dog and niece as reasons and such
refusal cannot permit a rent reduction; that slop sinks are for the
superintendent's use only and are not dirty; that the master
antenna is not capable of getting a signal since the tower of North
Central Bronx Hospital was built, that all tenants have their own
roof antennas and WHT microwave antennas; and that the registration
of the master antenna as a service on the 1984 registration was an
The Commissioner is of the opinion that the owner's petition
should be denied.
In order for a rent restoration application to be granted, it
must be established that the conditions cited in the rent reduction
order have been corrected. In this case, the rent reduction order
cited vermin and rodent infestation, non-working bath exhaust fan,
roof antenna removed, and dirty incinerator rooms on all floors.
Since the Division's inspector reported evidence of rodents, dirty
slop sinks in the incinerator rooms and no master antenna on the
roof, the owner's application was properly denied.
Under the Rent Stabilization Law and Code applicable here, the
tenant's rent remains at the level in effect prior to the last
guideline increase appropriate for this tenant's apartment, until
a rent restoration is granted.
The Commissioner notes that the owner's contentions in the PAR
relate solely to the February 1987 rent reduction and are more
properly the subject of a petition challenging that order. As
such, the allegations which relate to the validity of the rent
reduction are untimely raised in this petition and cannot be
The Division's records indicate that a rent restoration
applicable to this apartment was granted on June 27, 1989 under
Docket No. DB610044OR.
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 is, affirmed.
Joseph A. D'Agosta