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.: DB510236RO
Stellar Management Co., Inc.
DOCKET NO.: CJ510636S
575 West 175th Street
New York, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 17, 1989 concerning the
housing accommodations relating to the above-described docket
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 on October 15, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that repairs were done.
On December 28, 1988, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated February 17, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that two of the
three defective conditions specified in the Administrator's order
were not mentioned in the tenant's original complaint and that the
third item has been repaired.
DHCR mailed a copy of the petition to the tenant on April 17, 1989.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
A careful review of the record establishes that the tenant
originally complained about a pilot that was not working and
ceiling outlets that were inoperative in the bedroom. The
inspector's findings concerning stove burners that do not ignite
and the pilot being out; and a hanging ceiling light fixture is
within the ambit of the tenant's original complaint. Accordingly,
the Commissioner finds the owner's allegation in the petition to be
The Commissioner further notes that the owner's contention that
certain repairs have been made does not disturb the findings of the
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized 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 to
modify or revoke the Administrator's determination based on the
December 28, 1988 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
Division records reveal that the owner has filed an application to
restore the rent which is pending before the Administrator under
Docket No. HG410116OR.
The automatic stay of the retroactive rent abatement that resulted
from 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 Operational Bulletin 84-1, 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,
LULA M. ANDERSON