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.: DB410250RT
SEBASTIAN STUART RENT ADMINISTRATOR'S
DOCKET NO.: BJ410105B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued on February 3, 1989
concerning the housing accommodation known as 202 West 84th Street,
New York, New York, Apartment 3W, wherein the Administrator
determined the tenants' joint complaint of a reduction of services
building-wide. The tenant's petition was served on the owner.
Based on the results of an inspection of the subject premises
conducted by a DHCR inspector who confirmed the existence of
various defective conditions, the Rent Administrator determined
that there had been a reduction of services, directed that the
services be restored, and ordered a reduction of each tenants'
legal regulated rent by the percentage of the most recent
guidelines adjustments for the tenants' lease which commenced
before the effective date of the rent reduction, January 1, 1988.
In his petition for administrative review, the tenant asserts
that he is a rent controlled tenant and requests that the order be
amended to reflect specific dollar amounts for each of the
conditions found, in accordance with the Rent and Eviction
Regulations. However, the record fails to support the tenant's
bare assertion that he is a rent controlled tenant. Moreover, an
examination of DHCR registration records confirms that the
petitioner is a rent stabilized tenant. There is therefore no
warrant to modify the Administrator's order as to this tenant.
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, as to this tenant.
Joseph A. D'Agosta