STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC410001RT
Samuel Goldstein and
DOCKET NO.: BF410393S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for administrative
review of an order issued concerning the housing accommodations
known as 170 2nd Avenue, Apt. 15B, New York, N.Y., wherein the
Administrator denied the tenants' complaint on the basis that the
condition complained of had been corrected.
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 tenants 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 the 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 DHCR inspector. The inspection confirmed that all windows in the
apartment were operative and none were defective.
The Rent Administrator denied the tenants' complaint on the basis
that the condition complained of had been corrected.
In the petition for administrative review, the tenants' dispute the
inspection findings but give no specifics as to the alleged defect
with the windows. The owner was served with a copy of the PAR and
responded, in substance, that the inspection findings should
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The report of the inspection conducted on January 19, 1988, found
that the tenants provided access to the apartment and that there
were no defective windows in the apartment.
The tenants' petition does not establish any basis for modifying or
revoking the Administrator's order which determined, based on a
physical inspection, that there were no defective conditions as to
the windows for which a rent reduction was warranted.
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