STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
INTHE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EA410099RO
Arco American Mgmt. Corp. RENT ADMINISTRATOR'S
DOCKET NO.: CL510530S
90 Convent Avenue
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 5, 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 December 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 should mention these conditions
to the building superintendent who would repair them.
Thereafter, an on-site inspection of the apartment was conducted on
December 15, 1989 by a DHCR inspector who confirmed the existence of
By an order dated January 5, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In its petition for administrative review, the owner contends in
substance that the conditions had been repaired.
In answer, the tenant asserted that the defective conditions still
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 petition does not establish any basis for modifying or revoking
the Administrator's order which determined that the owner was not
maintaining required services based on the results of the December
15, 1989 on-site inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
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