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.: EK110351RO
ARIS REALTY CORP. DOCKET NO.: EH110675S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 20,1990, the above-named petitioner-owner timely
refiled a petition for administrative review of an order issued on
November 5, 1990, by the Rent Administrator, concerning the housing
accommodation known as 33-54 83rd Street, Jackson Heights, N.Y.,
Apt. G42, wherein the Administrator determined that the maximum
legal rent for the subject rent controlled apartment be reduced by
$83.00 per month based upon a diminution of services. The Rent
Administrator's order was based upon an inspection held on October
17, 1990. The Rent Administrator also directed the restoration of
The tenant filed an individual statement of complaint on
August 27, 1990 alleging a decrease in services.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
reduced the rent of the subject rent controlled apartment.
On appeal, the petitioner-owner asserted in substance that the
service complaint was filed by someone who is not a legal tenant of
the subject apartment and further that all repairs have been
completed in a workmanlike manner.
The petition was served on the tenant and the tenant answered
that she is a legal tenant by virtue of her family relationship to
the original lessee of the subject apartment and that the owner
refused to accept her rent payments beginning in July, 1990.
After careful consideration of the entire evidence of record,
the Commissioner is of the opinion that the administrative appeal
should be denied.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain services may result in an order of decrease in maximum
rent, in an amount determined by the discretion of the Rent
The issue raised by the petitioner about the tenant's legal
status to file a complaint with the DHCR is a jurisdictional issue
which will have to be decided in a court of competent jurisdiction.
Accordingly, the Division has no authority to determine the
jurisdictional issue raised in the appeal.
As to the service issues raised in this proceeding, a review
of the record before the Administrator clearly shows that the owner
did not submit any evidence that the deficiencies noted on the
inspector's report were completed on a workmanlike manner at the
time of the DHCR's inspection or at any time prior to the issuance
of the Administrator's order.
The Commissioner finds, therefore, that the Administrator
properly based his determination on the entire record, including
the results of the on-site physical inspection conducted on October
17, 1990 and that pursuant to Section 2202.16 of the Rent and
Eviction Regulations the Administrator was mandated to reduce the
rent upon determining that the owner had failed to maintain
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
THEREFORE, in accordance with the provisions of the Rent And
Eviction Regulations for New York, it is,
ORDERED, that the owner's petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
Upon a restoration of services the owner may separately apply
for a rent restoration.
Joseph A. D'Agosta