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.:
IRON ASSOCIATES, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a petition for administra-
tive review (PAR) of an order issued on June 2, 1988, concerning
the housing accommodation known as 202 West 84th Street, Apartment
3-W, New York, New York, wherein the Administrator determined that
certain conditions in the tenant's apartment constituted a serv-
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 the proceedings by filing a complaint assert-
ing that the owner had failed to maintain certain services in the
subject apartment. Therein, the tenant also stated, among other
things, that he moved into the apartment in October 1977, but that
the apartment was regulated under rent control. A copy of the
tenant's complaint was served on the owner.
Thereafter, an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions, in that the
kitchen window had loose panes and a broken bottom sash.
The Rent Administrator directed restoration of these services and,
further, ordered a rent reduction under rent control provisions.
In the petition for administrative review, the owner states that
all repairs have been completed. No errors of law or fact are
The DHCR served a copy of the petition on the tenant.
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 where it is found that an owner
has failed to maintain required services. Section 2202.16 of the
Rent and Eviction Regulations contains similar provisions.
The owner's petition does not establish any basis for revoking the
Administrator's order, which determined that the owner was not
maintaining services based on a physical inspection confirming the
existence of defective conditions in the subject apartment for
which a rent reduction is warranted.
The owner alleges that the defective conditions have been cor-
rected. If the conditions were corrected prior to the issuance of
the order under review, the owner offered no evidence to substan-
tiate the allegation before the Administrator. If the conditions
were corrected after the issuance date, the determination was
The owner may file a rent restoration application if the facts so
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations for New York City, 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