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.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 4, 1988, the above-named petitioner-owner timely
refiled a petition for administrative review (PAR) of an order
issued on January 27, 1988, by the Rent Administrator, concerning
the housing accommodation known as 111-45 76th Drive, Forest Hills,
New York, Apartment E-3, wherein the Administrator determined that
a reduction in rent was warranted based upon a reduction in ser-
The Rent Administrator also directed full restoration of services.
The Commissioner has 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.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On March 11, 1987, the tenant filed a complaint alleging that the
owner failed to maintain services. More specifically, the tenant
alleged that the owner failed to paint the apartment.
The owner filed an answer to the complaint on September 9, 1987,
alleging that the apartment was painted in a workmanlike manner,
and in support thereof, he submitted a paid bill from the painting
contractor, dated April 23, 1987. Also included was a signed
statement from the tenant advising that the apartment has been
competently painted and requesting that his complaint be withdrawn.
On appeal, the petitioner-owner asserted, in pertinent part, that
the apartment was competently painted to the tenant's satisfaction
and that the tenant signed a statement dated September 9, 1987,
attesting to this fact.
The petition was served on the tenant on April 11, 1988 and on
April 13, 1988, the tenant filed an answer to the petition con-
firming the owner's allegations.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be granted.
The record clearly shows that the tenant signed a statement
withdrawing the instant complaint prior to the issuance of the
This evidence supports the owner's contention below and on appeal.
Additionally, a Notice Of Opportunity to Present Further Informa-
tion and Evidence was mailed to the tenant on May 24, 1993, and in
response thereto, the tenant submitted another signed statement
affirming the fact that the subject apartment was competently
painted to his satisfaction.
Upon the facts found herein, the Commissioner finds that the Rent
Administrator's order dated January 27, 1988, should be revoked.
If there are arrears due to the owner as a result of this determi-
nation, the tenant may pay off the arrears in twelve (12) equal
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted,
and the Administrator's order be, and the same hereby, is revoked
in accordance with this Order and Opinion.
JOSEPH A. D'AGOSTA