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.:
BARKER AVENUE COMPANY, RENT ADMINISTRATOR'S
2275 Barker Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 7, 1989 concerning the
housing accommodations relating to the above-described docket
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on September 21, 1989 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In answer, the owner denied some of the allegations in the
complaint, otherwise asserted that many of the defective conditions
were corrected and other repairs would be completed.
Thereafter, a physical inspection of the subject apartment was
conducted on November 17, 1989 by a DHCR staff member who confirmed
that the bathroom ceiling was cracked and bulging.
By an order dated December 7, 1989, 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 tenant refused access, as indicated by an attached copy of a
December 17, 1989 letter wherein the tenant stated that due to
illness, repairs should be done at a later date.
In answer, that tenant stated that the painting should be done "as
soon as some warm weather would set in" because of her husband's
asthma and her own need of ventilation.
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 the tenant's application
where it is found that the owner failed to maintain required
The petition offered no reason to revoke or modify the
Administrator's determination based on the November 17, 1989
inspection which found that the owner failed to maintain required
services, warranting a rent reduction. The letter referred to by
the petitioner postdates the Administrator's order and is not
relevant to this proceeding.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The owner may apply for rent restoration if the facts so warrant.
The automatic stay of the rent reduction as a result of the filing
of the petition is vacated upon issuance of this Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is ,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA