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.:EC410195RO
Bo Hing Realty Corp., RENT ADMINISTRATOR'S
118 Madison St.
New York, NY
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 23, 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 the petition.
The tenant commenced this proceeding on January 31, 1989 by filing
a complaint asserting inter alia lack of hot water and exterminating
In answer, the owner denied the allegations and otherwise asserted
that services are being provided and maintained.
Thereafter on February 7, 1990, a physical inspection of the subject
apartment was conducted by a DHCR staff member who reported that
there was no hot water in the subject apartment; and that mice and
roaches infested the apartment.
By an order dated February 23, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that on November 2, 1989, the
Administrator issued an order under docket number CL430053B which
granted a building-wide rent reduction for rat and roach
infestation; and that on April 10, 1989, the Administrator
terminated a building-wide heat/hot water complaint under docket
number CL410084HW based on a February 15, 1989 inspection revealing
adequate heat/hot water services.
In answer, the tenant asserted in substance that the defective
conditions continue to exist.
After careful consideration, the Commissioner is of the opinion that
the petition should 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
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
February 7, 1990 physical inspection which confirmed the existence
of defective conditions, warranting a rent reduction.
With regard to the owner's allegations of a similar rent reduction
in 1989, the Commissioner notes that such rent reduction was based
on a building-wide physical inspection and concerned building-wide
defects which are entirely different from the conditions in this
With regard to the terminated building-wide heat/hot water
complaint, the Commissioner notes that such termination was based on
a physical inspection conducted nearly a year before the inspection
in the instant proceeding.
The Commissioner notes the status of the owner's rent restoration
applications as follows: EC410050OR denied on September 24, 1990 and
EJ410158OR granted on July 16, 1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
Lula M. Anderson