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
APPEALS OF DOCKET NO.
HEIGHTS MANAGEMENT, RENT ADMINISTRATOR'S
PETITIONER PREMISES: 7101 Colonial Rd.
----------------------------------x Apt. R6E, Brooklyn, 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 of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject premises - to wit, damage to bathroom floor tiles;
bathroom floor is raised in several placed.
In its answer, the owner claimed that tenant didn't want the
bathroom floor repaired, but instead wanted a new bathroom floor
installed, and thus refused to allow the owner to make the
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, that
repairs have been performed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
An examination of the record reveals that the owner performed
repairs to the bathroom floor after the issuance date of the
Administrator's Order. Thus, the Rent Administrator's Order
finding a reduction of services was correct when issued and this
order is issued without prejudice to the owner filing a restora-
tion of services application.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Emergency Tenant Protection Act of 1974, it is
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.