EE 130392 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 130392 RO
JEFFREY MOSKIN DISTRICT RENT ADMINISTRATOR'S
C/O HORING & WELIKSON, DOCKET NO.: DD 130053-B
PREMISES: 141-50 85th Road
Briarwood, 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 tenants 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 repairs were being made.
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. Owner also contends
that it is "arbitrary, capricious, and contrary to law" for the
Administrator not to serve a copy of the Inspection Report on the
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. As to
the owner's contention on appeal that the DHCR had a duty to
serve the Inspection Report on the owner. In Empress Manor
Apartments v. N.Y. State D.H.C.R., (538 N.Y.S.2nd 49 (A.D. 2 Dept
1989)) the Court held that the owner was not denied due process by
the failure of the DHCR to serve copies of the inspection report
EE 130392 RO
The Commissioner notes that on October 29, 1990 the owner filed an
Application for Rent Restoration, and that said Application was
denied on February 28, 1991, under Docket# EJ 130189-OR; and that
the owner subsequently filed a new Application for Rent
Restoration on April 10, 1991, and that this application was
granted on December 18, 1991, under Docket# FD 130118-OR.
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