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.: CH220140RT
MARK E. FEINBERG ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 29, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued August 16, 1988. The order concerned various
housing accommodations located at 305 Henry Street, Brooklyn, N.Y.
The Administrator denied the tenant's complaint of failure to
maintain requires services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on December 3, 1987 when
6 tenants joined in filing a Statement of Complaint of Decrease in
Services wherein they alleged that the owner was not maintaining
certain required building services. The owner was served with a
copy of the complaint and afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
building. The inspection was scheduled to be conducted on March
16, 1988 however, the petitioner-tenant herein notified the
Administrator by telephone that services had been restored in the
subject building and that a physical inspection was not
necessary. The Administrator issued the order here under review
on August 16, 1988 and terminated the proceeding.
On appeal the tenant states that the owner has not restored
all services. The petition was served on the owner on October 20,
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The record reveals that the petitioner-tenant herein contacted
the Administrator and stated that a physical inspection of the
subject building was not necessary since services had been
restored. The Administrator correctly terminated the complaint
based on the statments of the tenant. The order here under review
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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