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.: CA620326RO
DOCKET NO.: BD620314S
Real Estate Management PREMISES: 666 East 224th St.
Apt. No. 3F,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on November 6, 1987
concerning the housing accommodations relating to the above-
described docket number.
The issue in this appeal is whether the Administrator's order
The Commissioner had reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
This proceeding was commenced on April 16, 1987 by a rent-
control tenant who filed a complaint, asserting that the owner
failed to maintain numerous required services in the subject
On April 29, 1987, the Division sent the owner a copy of the
In an answer filed on May 5, 1987, the owner stated that "all
repairs have been completed."
On September 4, 1987, the Division requested the tenant to
confirm the owner's answer. The tenant wrote that the complaint
has not been resolved.
Thereafter, an on-site inspection of the subject apartment was
conducted on October 2, 1987 by a Division staff member who
reported that the living room wall and the hallway ceiling and
walls are stained; that the bedroom and bathroom ceiling are
uneven; that hallway ceiling and walls were painted over peeling
paint and the old paint can be seen through the new paint in the
ceiling and walls in the hallway, living room and bedroom.
The Administrator directed the restoration of services and
ordered the reduction of the maximum legal rent.
In the petition for administrative review, the owner attached
an alleged copy of a December 4, 1987 letter to the tenant, stating
that "for the past 3 weeks we have made several attempts to contact
On March 11, 1988, the Division mailed the tenant a copy of
the owner's petition.
In answer, the tenant denied receiving the letter as claimed
by the owner and otherwise asserted that the owner ignores all his
requests for complete and effective repairs.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition does not raise any issue disputing the
Administrator's finding of decreased services within the subject
apartment. The owner's unsupported allegation of attempts to
complete repairs was made subsequent to the issuance of the
Administrator's order which was correct when issued, having been
based on an October 2, 1987 on-site inspection.
THEREFORE, in accordance with the Rent and Eviction
Regulations, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
Joseph A. D'Agosta