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.: DJ120107RO
DOCKET NO.: CH120074S
34-24 82nd Street
Jackson Heights, 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 September 25, 1989, concerning the
above-described housing accommodations.
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 August 3, 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 the tenant refused
to provide access.
A No Access notice was then sent to the tenant and the owner,
advising them of a September 6, 1989 inspection date when the
tenant should be ready to provide access to the owner's worker(s)
and the owner's workers should be ready to perform the repairs.
Thereafter, a No Access inspection was conducted on September 6,
1989 by a DHCR staff member who confirmed the existence of a
defective condition consisting of water damage to the ceiling in
the foyer linen closet. The inspector noted that although the
tenant was there to provide access, neither the owner nor his
representatives were present at the inspection.
By an order dated September 25, 1989, the Administrator directed
the restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that this service
case was a duplicate complaint of Docket No. CK120193S, and
furthermore, that the underlying condition did not justify a rent
DHCR mailed a copy of the petition to the tenant who answered,
stating that they had never deducted the first rent reduction
amount from their rent.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
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 essential services. The owner's petition does not
establish any basis to modify or revoke the Administrator's
determination based on the September 6, 1989 inspection which
confirmed the existence of defective conditions, warranting a rent
After a careful review of the two rent reduction orders referred to
by the owner in this petition, the Commissioner notes that the two
orders are not duplicates of each other and the defective
conditions cited in each of the two reduction orders are not the
same. The condition cited as the basis for the rent reduction in
the order issued under Docket No. CK120193S is that the bathroom
sink is loose from the wall and has shaky legs. This is clearly
not the same as a water damaged linen closet ceiling, which is the
basis for the Administrator's rent reduction order hereunder
review. Therefore, the owner's contention is without merit.
Division records indicate that the owner filed an application to
restore the rent which was granted on August 21, 1991, under Docket
THEREFORE, in accordance with the 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,
LULA M. ANDERSON