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.: CA610267RO
HAMLET CHATOO/PROCHAT REALTY CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: BC610542S
PETITIONER PREMISES: 23-12 Prospect Ave..
Apt. No. 5
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 accommodations
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 this administrative appeal.
The tenant commenced this proceeding by filing a complaint asserting
that the owner had failed to maintain certain services in the
In answer, the owner stated in substance that repairs were being
completed and that the delay was caused by the insistence of the
tenant's husband in being present during repairs.
Thereafter, an inspection of the subject apartment was conducted by
a DHCR staff member who confirmed the existence of the following
defective conditions: the entire apartment in need of painting;
defective bathroom door and frame; kitchen ceiling is leaking,
damaged and about to collapse.
The Administrator directed the restoration of services and ordered
the reduction of the stabilized rent.
In this petition, the owner states in substance that the tenant
refused access, that the painting is finished and that other repairs
are being completed.
In answer, the tenant asserts that repairs were initiated when the
building had a superintendent; that there was no superintendent in
the proceeding below; and that the repairs were not completed and
were done in an unworkmanlike manner.
In reply, the owner reiterates his claim of the tenant's lack of
cooperation in allowing access, and contends that the tenant was not
satisfied because he did not use semi-gloss paint which is not
required for the apartment painting.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilzation Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection, confirming the existence of defective
conditions for which a rent reduction is warranted.
The owner's assertion of lack of access was not established in the
proceeding below and therefore may not be considered in this
The owner's rent restoration applications were denied, as follows:
DD610061OR on September 28, 1989 and FJ610232OR on May 18, 1992.
The automatic stay of the 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 Stabilzation Law and Code, it
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA