STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
301 Realty Co.,
301 East 38th Street
New York, N.Y.
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 of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on January 27, 1989 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
On February 8, 1989, a copy of the complaint was mailed to the
owner at its correct address as filed in the record.
There is nothing in the record to indicate that the owner filed an
answer to the tenant's complaint or that the copy of the complaint
was returned to DHCR unclaimed by the owner.
Thereafter, a physical inspection of the subject apartment was
conducted on January 16, 1990 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 ordered a rent reduction as follows:
1. The kitchen walls had peeling paint
and plaster and cracked plaster. $3.00
2. The kitchen oven was defective. $4.00
3. The electrical outlet in the bedroom
wall was loose. $1.00
In the petition for administrative review, the owner contends that
it had not received the tenant's complaint; the tenant was offered
a regular size gas stove as used by all the other tenants; and that
the tenant refused the replacement gas stove.
In answer, the tenant denied in substance refusing the gas stove,
and otherwise stated that the gas stove company failed to appear on
two scheduled appointments; and that there is no space for a
regular size gas stove in the apartment.
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 Rent 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 a January 16, 1990 physical inspection which
confirmed the existence of defective conditions, warranting a rent
The bare allegation that the owner did not receive the tenant's
complaint fails to disturb the record showing that on February 8,
1989, a copy of the complaint was mailed to the owner at its
correct address and there is no copy of the complaint returned to
DHCR unclaimed by the owner. The claim that the tenant refused the
replacement gas stove is also unsubstantiated. Accordingly, the
order appealed from was in all respects proper and is hereby
The Commissioner notes that the owner's rent restoration
application (EH420057OR) was granted in part on May 23, 1991.
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,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA