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.:
Reneis Realty Corp.,
PETITIONER PREMISES: Apt.3A
3001 Briggs 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 February 5, 1990 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 on January 4, 1989 by filing a
complaint asserting that the owner failed to maintain certain
services in the subject apartment.
In an answer filed on March 3, 1989, the owner denied in substance
the allegations in the complaint.
Thereafter, a physical inspection of the subject apartment was
conducted on January 25, 1990 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated February 5, 1990, 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 conditions were corrected, that all services are
provided and maintained, and that the tenant has a history of
A copy of the petition was mailed 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, the Rent
Administrator is authorized to order a rent reduction upon
application by a tenant where it is found that an owner has failed
to maintain required services. The petition does not establish any
basis to revoke or modify the Administrator's determination based
on the January 25, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction. Accordingly,
the order appealed from was in all respects proper and is hereby
The claim that the conditions were corrected and all services are
provided is belied by the inspection report. The assertion that the
tenant refused access is beyond the scope of adminstrative review,
which is limited to the issues and evidence before the
The owner may file a rent restoration application if the facts so
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,
JOSEPH A. D'AGOSTA