STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DD420077RO
DOCKET NO.: CB420614S
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 540 Manhattan Avenue, Apt. 3F, New York, 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 asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed the existence of the defective
conditions: defective kitchen ceiling in hazardous condition,
defective bathroom flooring and tiles.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the lawful rent.
In its petition for administrative review, the owner states, in
substance, that work was begun in the apartment upon receipt of the
tenant's complaint, but that the work was more extensive than
previously thought and could not be completed before the Division's
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the City Rent Law, DHCR may 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.
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, 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