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.:
(Refile of EB610076RO)
Patrick O'Connell, RENT ADMINISTRATOR'S
PREMISES: Apt. 1E
1188 Sheridan Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on February 2, 1990
concerning the housing accommodations relating to the above-
described docket number.
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 November 22, 1989 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In an answer filed on December 26, 1989, the owner asserted that
repairs had been performed.
Thereafter, a physical inspection of the subject apartment was
conducted on January 22, 1990 by a DHCR staff member who confirmed
that the hot water and the cold water in the kitchen and the
bathroom appeared dirty and rusty.
By an order dated February 2, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that his plumber investigated on December 6, 1989 the
water in the subject apartment and found it to be flowing freely
and clearly. The owner also submitted a copy of a December 1, 1989
invoice from a plumbing supply company.
In answer, the tenant stated in substance that the hot water and
cold water are still dirty and rusty.
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
authorized to order a rent reduction upon application by the tenant
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's determination based on
the January 22, 1990 physical inspection which confirmed the
existence of defective conditions, warranting a rent reduction.
The status of the owner's rent restoration applications is as
follows: EB610048OR denied on October 19, 1990 and FC610079OR
granted on August 27, 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 Stabilization Law and Code,
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,
JOSEPH A. D'AGOSTA