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.:
134-37 MAPLE REALTY INC.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 29, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 15, 1988, by the Rent Administrator, concerning the housing
accommodation known as 134-37 Maple Avenue, Apartment 1-B,
Flushing, New York, wherein the Administrator ordered a rent
reduction upon a finding of a decrease in various apartment
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding dated January 19, 1888, was commenced by the filing
of a complaint of decrease in services alleging various defective
conditions. The owner was served with a copy of the tenant's
complaint but did not respond.
Thereafter on July 20, 1988, an inspection was conducted by a
Division of Housing and Community Renewal (DHCR) employee which
confirmed some of the complained of conditions resulting in the
order herein appealed.
In the PAR, the owner alleges that while the order states that the
owner did not file an answer to the tenant's complaint, in
actuality an answer was filed with this Division on May 26, 1988.
The owner states that a copy of such answer has been enclosed with
the PAR. The owner did enclose a copy of a letter sent to the
tenant after the order was issued requesting that the tenant attest
to the fact that repairs have been made.
After careful consideration the Commissioner is of the opinion that
the petition should be denied.
The record below does not contain the owner's answer to the
tenant's complaint, nor was a copy of it included with the PAR as
The Administrator's findings in the order are not based on the
owner's default but rather on the results of an impartial
inspection conducted by this Division. The owner's petition does
not establish any basis for modifying or revoking the Adminis-
trator's order which determined, based on physical inspection, that
the owner was not maintaining required services.
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