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.:
PETITIONER CK 610772-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order concerning the housing accommodations relating
to the above described docket number.
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 by the petition.
The tenant commenced this proceeding by filing a complaint of the
reduction of individual apartment services. Several items on the
complaint concerned common areas of the building, however.
Thereafter an inspection of the subject apartment was conducted
by a Division of Housing and Community Renewal (DHCR) inspector
who confirmed the existence of a defective intercom, but found
all other apartment services to be maintained. The items relating
to common areas of the building were not addressed in the order.
The Rent Administrator directed restoration of services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the tenant states,
that the order failed to address several items on the complaint,
*Poor elevator service;
*Defective lock to building's front door;
*Defective foyer outlet.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The record establishes that, with the exception of the intercom,
all other apartment services in the complaint were found on
inspection to be maintained, including the outlet in the foyer.
Petitioner gives no reason to refute the findings of the inspec-
tion or the Administrator's order. Finally, the claimed defects
in the building's front door lock and elevator service are not
items of individual apartment service and, therefore, are not
properly included in the complaint form used by the tenant. The
tenant is advised, to file a complaint form of reduced building-
wide services for any items of that nature that are not properly
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon a restoration of services, if the facts so
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 Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA