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.: DB110025RO
DOCKET NO.: CK110090S
Harold J. Shinsato,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 97-20 Van Wyck Expressway, Apt. D2,
Richmond Hill, N.Y.
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 tenant 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 D.H.C.R. inspector who confirmed the existence of
the following defective conditions: right bedroom window in need of
repair, second bedroom window has broken panes of glass, missing or
broken screens, refrigerator not replaced.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
in substance, repairs were made and the refrigerator was replaced.
The DHCR served a copy of the petition on the tenant on March
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The Division's records indicate that the owner was granted
rent restoration on July 18, 1989 under docket number DC110013OR.
The automatic stay of the retroactive rent abatement that
resulted by the filing of this petition is vacated upon issuance of
this order and opinion.
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, affirmed.
Joseph A. D'Agosta