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.: EA110321RO
DOCKET NO.: DG110451S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 11, 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 July 12, 1989 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 all repairs were
An on-site inspection of the apartment was conducted on November 17,
1989 by a DHCR inspector who confirmed that the kitchen sink enamel
was chipped and the bathroom window screen was missing.
By an order dated December 11, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In the petition for administrative review, the owner asserts that
the kitchen sink was replaced and a new bathroom window screen was
DHCR mailed a copy of the petition to the tenant.
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. The owner's petition does not establish any basis for
modifying or revoking the Administrator's determination that the
owner was not maintaining required services based on the results of
the November 17, 1989 on-site inspection which confirmed the
existence of defective conditions, warranting a rent reduction. The
determination was in all respects proper and is hereby sustained.
The status of the owner's rent restoration applications is as
follows: EF110081OR denied on January 22, 1991, FC110273OR granted
on November 20, 1991.
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA