EE 120406 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 120406 RO
MAYA REALTY ASSOCIATES, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DC 120808-S
PREMISES: 64-34 102 Street
Apt. 1G, Rego Park, New York
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.
The owner did not interpose an answer to the tenants' complaint.
Thereafter an inspection of the subject premises was conducted by
a D.H.C.R. inspector who confirmed the existence of defective
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, in
substance, that repairs have been performed.
The Commissioner is of the opinion that this petition should be
Having failed to submit an answer to the tenant's complaint below,
the owner cannot submit an answer for the first time on appeal.
Moreover 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.
The Commissioner notes that the owner filed an Application for
Rent Restoration on June 13, 1991 under Docket# FF 110341-OR and
this Application was denied by the Administrator on February 13,
THEREFORE, in accordance with the provisions of the Rent
EE 120406 RO
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