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.: CB610200RO
BERNARD PUTTEN DOCKET NO.: BF630569S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on January 21, 1988
concerning the housing accommodations known as 1540 Pelham Parkway,
Apartment 5G, Bronx, New York, wherein the Rent Administrator
determined that there had been a reduction in individual apartment
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 an answer, the owner denied all allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
several defective conditions. The inspector reported that the
bedroom wall was peeling paint and plaster, that windows throughout
the apartment had defective sashes and could not be opened or
closed, and that a kitchen cabinet was cracked. The Rent
Administrator directed the restoration of these services and
further, ordered a reduction of the stabilization rent.
The owner's petition for administrative review, requesting
that the Administrator's order be reversed, alludes to a defective
intercom, a condition not cited in the Administrator's rent
reduction order, albeit referred to in the complaint and other file
documents. No other findings are disputed. It also appears that
the owner submitted a correct copy of the front of the
Administrator's order with the petition, but that the copy of the
reverse of the order, which cites a defective intercom involved
other proceedings, not identified.
Since the owner does not challenge the findings that gave rise
to the rent reduction, there is no warrant to modify or revoke the
The automatic stay of the retroactive 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 Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, 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