STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
178TH STREET REALTY CORP., DOCKET NO.:
PREMISES: Apt. 3-J
PETITIONER 317 East 178th St.
----------------------------------x Bronx, New York
TENANT: BETTY STEWART
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 relevant to the issues
raised by the petition.
The tenant commenced this proceeding on June 13, 1989 by filing
an application asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer dated August 21, 1989, the owner denied the allega
tions set forth in the tenant's complaint or otherwise asserted
that all required repairs had been or will be completed.
Thereafter an inspection of the subject premises was conducted on
May 29, 1990 by a DHCR inspector who confirmed the existence of
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states that
the tenant made it difficult to gain access but that all repairs
have been performed. The owner enclosed a signed statement in
which the tenant acknowledges repair of some of the items, dated
November 11, 1989.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Although the owner's petition contends that the tenant made it
difficult for the owner to gain access, such allegation is vague
as to times and dates, and is not corroborated anywhere in the
record. Furthermore, the tenant's signed statement was never
submitted into the record below and is also insufficient in that
it does not mention most of the reduced services cited in the
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon a restoration of services, if the facts so
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the District Rent Administrator's order be, and the same
hereby is, affirmed.