EC 220132 RO
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.: EC 220132 RO
DRO DOCKET NO.: CJ 220638-C
PREMISES: 420 Avenue F, Apt.2J
Brooklyn, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a Petition for Administrative
Review of an order issued concerning the housing accommodations
relating to the above-described docket number.
The Commissioner has reviewed all 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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment. The tenant stated in the complaint that
when new windows were installed, they had no screens and that the
sashes and frames were left unpainted. The tenant also stated
that the premises were infested with mice and roaches.
In his answer to the complaint, the owner stated in substance,
that the screens were not a service which had been provided, and
that the sashes and frames had been painted, and would be painted
again if the tenant called his office to schedule an appointment
to do so. The owner also stated that extermination services were
Thereafter a physical inspection was conducted by a DHCR
inspector. The inspector stated in his report that window
mouldings in the livingroom, bedroom and dining room had not been
painted and that there was no evidence of mice and roach
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum legal rent.
In his petition for administrative review, the owner states in
substance, that screens were never provided.
EC 220132 RO
The Commissioner is of the opinion that the petition should be
The Commissioner notes that the order here under appeal was not
based upon a finding that screens were not provided, but rather
upon a finding that various window mouldings were not painted.
The Commissioner finds the order here under appeal was warranted.
The Commissioner notes that the owner's application for a
restoration of rent, based upon a restoration of services, under
docket number FL 220172-OR, is pending before the Administrator.
THEREFORE, in accordance with the Rent and Eviction Regulations,
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA