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.:
REGENT REALTY CO.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 17, 1989, the above-named owner filed a timely petition
for administrative review against an order issued concerning the
housing accommodation known as Apartment 209 located at 83-45
Broadway, Elmhurst, New York.
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 in this petition.
The tenant commenced the proceeding below by filing a complaint
asserting, in pertinent part, that the stove and refrigerator are
defective and full of roaches and that the windows are in poor
Although afforded an opportunity to do so, the owner did not inter-
pose an answer.
Thereafter, on February 6, 1989, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
1. Vermin infestation in the oven and
throughout the apartment,
2. Windows are defective throughout the
apartment, with broken locks and
warped sashes that are hard to raise
Based thereon, the Rent Administrator, by order dated February 24,
1989, directed restoration of these services and further ordered a
reduction of the stabilized rent in an amount equal to the most
recent guideline adjustment.
In the petition for administrative review, the owner asserts that
the tenant did not notify the owner of vermin infestation, that an
exterminator visits the building on a monthly basis and has now
been sent to the tenant's apartment, and that the windows have been
The tenant filed an answer opposing the petition.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The 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 con-
firming the existence of defective conditions for which a rent
reduction is warranted.
It is noted that in the tenant's original complaint, the tenant
complained of a roach infested oven and refrigerator. The Commis-
sioner is of the opinion that this allegation was sufficient to put
the owner on notice of vermin infestation throughout the apartment.
Regarding the owner's assertion of repairs to the windows and
locks, it is noted that this appeal proceeding concerns whether the
finding that the owner failed to maintain certain required services
was correct. Accordingly, whether the services may now be poten-
tially restored is irrelevant to the Administrator's determination
that the owner had failed to maintain such services at the time of
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. The Division's records reveal that the owner's
rent restoration application had been granted (EE110255OR).
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