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.: CC210185RT
Claudia Martino : RENT ADMINISTRATOR'S
DOCKET NO.: BH210332S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-name tenant filed a timely Petition for Administrative
Review of an order issued concerning the housing accommodation
known as 240 Crown Street, Apt. 2X, Brooklyn, N.Y.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth a
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 found that the conditions complained of
had been repaired.
The Rent Administrator denied the tenant's application and
terminated the proceeding.
In her petition for administrative review, the tenant states, in
substance, that although the inspector found that repairs had been
made, she is still entitled to a rent reduction for the period of
time that items were defective.
The DHCR served a copy of the petition on the owner on May 13,
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by tenant,
where it is found that an owner has failed to maintain required
services. The tenant's petition does not establish any basis for
modifying or revoking the Administrator's order which was based on
a DHCR physical inspection which disclosed that conditions
complained of were not defective.
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,
Joseph A. D'Agosta