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.: EC220486RO
Mei Lan Tang/ RENT ADMINISTRATOR'S
Chen Ping Pe DOCKET NO.: DH220025S
PETITIONER PREMISES: 220 Troutman St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 15, 1990 concerning the
housing accommodations relating to the above-described docket
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 this administrative appeal.
This proceeding was commenced on August 1, 1989 by the tenant filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
in substance that repairs had been performed and would be completed.
A physical inspection of the subject apartment was conducted on
December 27, 1989 by a DHCR staff member who confirmed the existence
of defective conditions.
By an order dated February 15, 1990, the Administrator directed the
restoration of services and reduced the maximum legal rent.
In the petition for administrative review, the owner contends that
necessary repairs were completed.
In answer, the tenant stated that defective conditions continued to
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
decrease in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the December 27, 1989 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied,
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA