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 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 December 12, 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 asserted in substance that repairs were
completed and services were being maintained. Attached to the
answer were certain copies of work invoices submitted by
contractors which in relevant part concerned pointing and ceiling
installation in the bedroom.
Thereafter, a physical inspection of the subject apartment was
conducted on November 28, 1989 by a DHCR staff member who confirmed
that the bedroom east wall had water stains near the ceiling and
there was evidence of exterior leaks.
By an order dated December 12, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In the petition for administrative review, the owner contends in
substance that the ceiling and wall inside the apartment were
repaired; and the repairs to the roof and exterior leaks were being
scheduled. The owner re-submits its attachments to the answer in
the proceeding below.
A copy of the petition was mailed to the tenant on April 7, 1990.
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 for revoking or modifying the
Administrator's determination based on the November 28, 1989
inspection which confirmed the existence of defective conditions,
warranting a rent reduction. Accordingly, the Administrator's
determination was proper in all respects and is hereby sustained.
The owner may file for a rent restoration application if the facts
The automatic stay of the rent reduction, as a result of the filing
of this petition, is vacated upon issuance of this Order and
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