ED 210035 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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NO.: ED 210035 RO
DRO DOCKET NO.: CL 210496-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a Petition for
Administrative Review (PAR) against an order issued by the
District Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodations known as 85 Hicks Street,
Apartment 4, Brooklyn, New York, wherein the Administrator reduced
the tenant's rent on a finding of a reduction of services.
The applicable law is Section 2523.4 of the Rent Stabilization
The issue on appeal is whether the Administrator's order was
The tenant commenced these proceedings by filing a complaint
alleging various decreases in service.
The owner responded that it was making repairs.
An inspection was conducted by a member of the Division's
inspection staff. The inspector confirmed that all but one of the
decreases in service complained of by the tenant had been
The Administrator issued an order reducing the tenant's rents to
the level in effect prior to the last rent guideline increase
which commenced before the effective date of the rent reduction.
In the appeal, the petitioner contends that three of the four
defects cited in the Administrator's order (peeling paint and
plaster in the bathroom, living room, and bedroom) were not
mentioned by the tenant in her complaint.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
An examination of the record reveals that the tenant did not
complain of peeling paint and plaster. However, the physical
inspection report disclosed the existence of a complained of
condition, and the Commissioner finds the rent reduction is
The Commissioner notes that on April 23, 1990 (approximately two
ED 210035 RO
weeks after filing the above-captioned petition) the owner applied
for rent restoration for the affected premises, such rent
restoration granted on November 9, 1990 under the Docket Number
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied and that the order of the Rent
Administrator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA