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.: EA210202RO
DOCKET NO.: CI210502S
6607 17 Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed timely petition for administrative
review of an order issued on January 11, 1990 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.
The tenant commenced this proceeding on September 27, 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 in the complaint and
otherwise asserted that the tenant refused access.
An on-site inspection of the apartment was conducted on December 20,
1989 by a DHCR inspector who confirmed that the bathtub required
grouting and the oven door did not close.
By an order dated January 11, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In the petition for administrative review, the owner contends that
the conditions mentioned in the Administrator's order were corrected
in November 1988.
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
The owner's contention that the conditions were corrected in
November 1988 is unsubstantiated and without merit. The 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 December 20, 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 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