DOC. NO.: EK 210242-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. EK 210242-RO
DRO DOCKET NO.
M & R MANAGEMENT CO. INC., EC 210135-OR
c/o ROSENBERG & ESTIS, P.C. :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 28, 1990 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on October 29, 1990
by the District Rent Administrator, Gertz Plaza, concerning the
housing accommodations known as 2365 East 13th Street, Brooklyn,
New York apt. 5-H wherein the Administrator determined that
services had not been restored.
The instant matter stems from an application filed with the Rent
Administrator on March 30, 1990 wherein the owner alleged the
restoration of those services (defective windows and mice
infestation) for which the rent had previously been reduced,
effective January 1, 1987, pursuant to Docket No. AK 210463-S.
Submitted therewith was a letter from the Compliance Section dated
November 16, 1989 to the effect that the tenant had advised (in a
phone conversation) that the owner complied with all directives
issued under Docket No. AK 210463-S. The owner was advised that it
may file an application for rent restoration.
The tenant interposed an answer stating, in effect, that the
problem of rodent infestation was getting worse.
On October 29, 1990 the Administrator issued the order appealed
herein denying the owner's rent restoration application. Said
order was based on the report of a physical inspection conducted on
October 2, 1990 which disclosed evidence of mice droppings in the
In this petition for administrative review the owner contends, in
substance, that exterminator service is provided on a monthly
basis; that the tenant had previously acknowledged that
exterminator service had been restored as evidenced by the letter
from the Compliance Section and that if infestation reoccurred the
proper remedy was for the tenant to file a new application for a
After a careful consideration of the entire record, the
DOC. NO.: EK 210242-RO
Commissioner is of the opinion that this petition should be denied.
A letter from the Compliance Section advising an owner of the right
to make application to the Division for a restoration of rent does
not constitute a finding that services have been restored nor is
the Administrator bound thereby. The obligation of the owner to
provide adequate exterminator service is a continuing one. In this
regard the Commissioner notes that the owner failed to submit in
the proceeding below sufficient evidence that adequate
extermination services was provided to the subject premises on a
regular basis. The findings by the DHCR's inspectorial staff of
mice infestation outweights the owner's claim that services have
been restored, warranting the denial order issued by the
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is denied; and
that the order of the District Rent Administrator be, and the same
hereby is affirmed.