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.: EA510106RO
VRANOC REALTY CORP.,
DOCKET NO.: CL510356S
500 West 188 St.
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 9, 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 asserted that repairs had commenced in the
apartment and would be completed on January 18, 1989.
An on-site inspection of the apartment was conducted on December 14,
1989 by a DHCR inspector who confirmed the existence of roach
infestation in the kitchen area.
By an order dated January 9, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In its petition for administrative review, the owner contends that
there is monthly exterminating in the building and submits a copy of
an invoice for December 1989.
On March 26, 1990, 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 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 14, 1989 on-site inspection which confirmed the existence
of defective conditions, warranting a rent reduction.
Furthermore, the allegation in the petition that exterminating
services were provided is beyond the scope of review, which is
limited to the issues and evidence before the Administrator.
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent abatement 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