DHCR Petition for Administrative Review (PAR) Decisions
In 1994, under pressure from tenant advocates, DHCR released approximately 6,000 PAR decisions. After Governor Pataki took office in 1995, DHCR refused to release other decisions in bulk. These decisions generally cover the 1990-1994 period and in many cases do not reflect current law or DHCR practice. The reader is cautioned to be aware of changes to the Rent Stabilization Law, the Rent Stabilization Code and DHCR practice since 1994. Also this database does not include all decisions prior to 1994 as DHCR intentionally withheld many decisions for unknown reasons.
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EA 110240-RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
EA 110240-RT
CONSTANTINE KRATUNIS, RENT ADMINISTRATOR'S
DOCKET NO.:
CK 110786-S
PETITIONER PREMISES: 247-77 Crescent
----------------------------------x Queens, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition.
The tenant commenced this proceeding by filing a complaint as-
serting that the electrical outlet in the kitchen is faulty, and
that there is a short circuit in the entire apartment whenever
she uses it.
In its answer the owner denied that the outlet is damaged and
claimed that the tenant was overloading it.
Thereafter an inspection was conducted by a DHCR inspector who
reported that the kitchen outlet was operative.
In an order issued on January 11, 1990 under Docket No. CK
110786-S, the Administrator determined to terminate the tenant's
proceeding based on the inspector's findings.
In her petition, the tenant contends that the order was incorrect
because her complaint concerned the fact that the use of the out
let caused a short circuit, not that it was inoperative.
The Commissioner is of the opinion that this petition should be
denied.
The tenant's petition fails to assert any defect in the inspec-
tion procedure. The Administrator's finding that the outlet was
operative could only result in a termination of the proceeding
since the effective use of the outlet is all that the owner is
EA 110240-RT
required to provide. The owner is not obligated to prevent the
occasional short circuit that occurs when the line is overloaded.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that the tenant's petition be, and the same hereby is,
denied and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
The New York State Division of Housing and Community Renewal (DHCR) is the state agency that administers the Rent Stabilization and Rent Control systems. DHCR has jurisdiction over many aspects of the landlord-tenant relationship, including the legal rent, the providing of various services and complaints of landlord harassment. In addition, landlords are able to apply to DHCR for increases in rent based on Major Capital Improvements or for other reasons.
Tenants and Landlords may initiate proceedings by filing complaints or applications with DHCR. After the agency collects evidence from both the tenant and landlord, it renders a decision by the District Rent Administrator (DRA) -- sometimes referred to as the District Rent Office (DRO).
Either party may then appeal the decision at the agency level by filing a Petition for Administrative Review (PAR) within 35 days. A PAR decision -- or sometimes called a Commissioner's Decision -- represents the final decision of the agency before parties may appeal in the state courts.