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.: EA220413R0
1259 Realty Co., RENT ADMINISTRATOR'S
DOCKET NO.: CI220028S
1259 East 13 Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 3, 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 this administrative appeal.
This proceeding was commenced on September 5, 1988 by the tenant
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In answer, the owner asserted in substance that repairs were
completed; and in particular, all windows were put in good
On December 19, 1989, a physical inspection of the apartment was
conducted by a DHCR staff member who confirmed that the bedroom
right-hand window did not line up and could not be locked.
By an order dated January 3, 1990, the Administrator directed the
restoration of services and ordered a reduction of the maximum legal
rent by $4.50 per month.
In the petition for administrative review, the owner contends in
substance that it never received any complaint from the tenant.
In answer, the tenant denied the allegations in the petition and
otherwise asserted that the defective window was never repaired.
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,
DHCR is authorized to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
In the instant case, the petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner failed to maintain essential services, based on a
December 19, 1989 on-site inspection confirming the existence of
defective conditions. Accordingly, the determination was in all
respects proper and is hereby sustained.
The owner may apply for a rent restoration if the facts so warrant.
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 and Eviction Regulations, it
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