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.: EA520307RO
(Refile of DK520165RO)
STELLAR MANAGEMENT CO.,
DOCKET NO.: CK520081S
575 West 175 St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on November 14, 1989
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 rent control tenant commenced this proceeding on November 7,
1988 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 services are
An on-site inspection of the apartment was conducted on October 31,
1989 by a DHCR inspector who confirmed that the bathroom floor was
uneven and leaned toward the toilet side of the wall.
By an order dated November 14, 1989, the Administrator directed the
restoration of services and ordered a reduction of the maximum legal
rent by ten dollars ($10.00).
In the petition for administrative review, the owner contends that
a rent reduction should not have been granted because the tenant
failed to check the box indicating her request for a reduction of
DHCR served 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 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction to a rent control
tenant when there has been a decrease in essential services,
furnishings or equipment, among other things.
The contention that a rent reduction should not have been granted
because the tenant failed to check the box indicating her request
for a rent reduction is without merit. A rent control tenant, as in
this case, need not apply for a rent reduction by checking the box
for same, in that the rent control regulations deem such request to
be made upon the filing of a decreased service complaint.
Accordingly, the Administrator's determination was in all respects
proper and is hereby sustained.
The Commissioner notes that the owner's rent restoration application
(FA520114OR) was granted on May 7, 1991.
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