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.:
CONSTANTINE KRATUNIS, RENT ADMINISTRATOR'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
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
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.