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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on December 6, 1989, concerning the
housing accommodations known as 453 West 48th Street, New York,
New York, wherein the Rent Administrator determined the tenants'
complaint of decreased services building-wide.
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 tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject building.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, the Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject building. The DHCR
inspector observed and reported in pertinent part that the bell &
buzzer equipment was inoperative and that as a result the entrance
door was open at the time of inspection.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In this petition for administrative review, the owner, in sub-
stance, states that the order was arbitrary and capricious and must
be reversed, but does not otherwise allege errors of law or fact.
After careful consideration, the Commissioner is of the opinion
that the petition must be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required services based on a physical inspec-
tion confirming the existence of defective conditions in the
subject building for which a rent reduction is warranted.
Division records also reveal that the Rent Administrator issued an
order on November 19, 1990, that granted the owner's rent
restoration application under Docket No. EA430079OR.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
LULA M. ANDERSON