EE 110415 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.: EE 110415 RO
DISTRICT RENT ADMINISTRATOR'S
FAN ASSOCIATES, DOCKET NO.: DK 110055-S
PREMISES: 149-43 35th Avenue
Apt. 3B, Flushing, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner 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 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
asserting that the owner had failed to maintain certain services
in the subject premises.
In its answer, the owner stated that some of the services had been
Thereafter an inspection of the subject premises was conducted by
a D.H.C.R. inspector who confirmed the existence of one defective
condition (broken dishwasher).
The Rent Administrator directed restoration of these services and
further ordered a reduction of the regulated rent.
In its petition for administrative review, the owner states, that
it had purchased a new dishwasher for the tenant. Enclosed with
the petition was a copy of an invoice from an appliance dealer for
the purchase, by the owner of a dishwasher and invoice dated after
the issue date of the Administrator's Order.
The Commissioner is of the opinion that this petition should be
Despite the owner's assertions, the physical inspection report
disclosed the complained of conditions existed and, the
Commissioner finds that the rent reduction is warranted. Owner
stipulates to the fact that repairs were not made until after the
Administrator's Order was issued.
The Commissioner notes that on May 13, 1990 the owner filed an
Application for Rent Restoration with the Administrator, and that
EE 110415 RO
this Application was granted on December 11, 1990 under Docket#
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