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 DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 9, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
November 9, 1988, by the Rent Administrator, concerning the housing
accommodation known as 125 West 195th Street, Bronx, New York,
Apartment 7-E, wherein the Administrator determined that a rent
reduction was not warranted. This order failed to direct restora-
tion of any services.
The Rent Administrator issued an amended order on May 30, 1989,
after the PAR was filed, which directed the owner to restore
painting services in the living room.
The tenant, by letter dated June 8, 1989, requested reconsidera-
tion of administrative review order CL610049RT, which rejected the
tenant's PAR for failure to attach a copy of the Rent Adminis-
trator's order. On June 15, 1989, the tenant's request for
reconsideration was granted.
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 di-
rected full restoration of services.
On December 23, 1987, the tenant filed a complaint alleging that
the owner failed to maintain services.
The owner did not file an answer to the complaint
A Division of Housing and Community Renewal (DHCR) inspection
conducted on October 11, 1988, revealed that the owner substan-
tially corrected service deficiencies but failed to paint the
On appeal, the petitioner-tenant asserted, in pertinent part, that
the owner failed to comply with the DHCR's Compliance directives.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) a tenant may apply to the Division of
Housing and Community renewal (DHCR) for reduction of the legal
regulated rent to the level in effect prior to the most recent
guidelines adjustment, and the DHCR shall so reduce the rent for
the period for which it is found that the owner has failed to
maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner has considered and rejects the petitioner's claim
that the owner failed to correct service deficiencies.
The DHCR inspection held on October 11, 1988, clearly showed that
the owner restored required services with the exception of the
painting of the living room.
The file also shows that on June 8, 1989, the tenant called the
DHCR Compliance Bureau and informed it that the owner has complied
with all directives specified in the appealed order.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site inspection conducted on October 11, 1988.
Accordingly, the Commissioner further finds that the petitioner
failed to adduce convincing evidence that the Rent Administrator
had erred in any way.
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, denied, and
that the Administrator's order be, and the same hereby, is
JOSEPH A. D'AGOSTA