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.:DG430036RO
Midwood Management, RENT ADMINISTRATOR'S
745 Ninth Avenue
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 5, 1989 concerning the housing
accommodations relating to the above-described docket number.
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.
Various tenants commenced this proceeding on September 16, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
that services are being provided and maintained.
On May 3, 1989, an inspection of the subject building was conducted
by a DHCR staff member who confirmed the existence of defective
By an order dated June 5, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that services are
being provided; that the inspection report is wrong; and that the
tenants may have caused some of the defective conditions.
In answer, various tenants denied the allegations in the petition
and stated that the defective conditions continued to exist.
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
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. Pursuant to Section 2202.16 of the Rent and Eviction
Regulations, the Administrator may impose a rent reduction when
there has been a reduction in services.
The owner's bare allegations in the petition do not establish any
basis to modify or revoke the Administrator's determination based on
the May 3, 1989 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner is advised to file a rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
Rent and Eviction Regulations 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, affirmed.
LULA M. ANDERSON