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.:
LYNDALE OPERATING CORP., DOCKET NO.:
PREMISES: Apt. 6I
PETITIONER 120 West 228th St.
----------------------------------x Bronx, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for adminis-
trative review (PAR) against an order of the Administrator issued
on March 14, 1990, concerning the housing accommodations relating
to the above-described docket number.
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 February 3, 1989, by filing
a complaint which asserts in substance, among other things, that
the extermination services were inadequate and there wee "lots of
breaks on walls".
In an answer filed on March 29, 1989, the owner stated in substance
that work had been performed and should be completed.
Thereafter, a physical inspection of the subject apartment was
conducted on February 15, 1990, by a Division of Housing and
Community Renewal (DHCR) staff member who confirmed that there were
mice and roaches in the kitchen and the north wall in the kitchen
had cracks in various places.
By an order dated March 14, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
In the petition for administrative review, the owner contends in
substance that the two conditions were corrected, and that "neither
the tenant nor the DHCR advised us of" these conditions.
In answer, the tenant asserted in relevant part that the 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
authorized 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 to modify or
revoke the Administrator's determination based on a February 15,
1990 physical inspection which confirmed that there were mice and
roaches in the kitchen and the north wall in the kitchen had cracks
in various places. The Commissioner finds that these defective
conditions warrant a rent reduction.
The allegation that "neither the tenant nor the DHCR advised us of"
these conditions is without merit. The record establishes that the
tenant's complaint, served on and answered by the owner, stated
among other things that the extermination services were inadequate
and there were "lots of breaks on walls". The Commissioner thus
finds that the owner was aware of these conditions prior to
inspection, and was afforded sufficient opportunity to correct the
conditions before the issuance of the Administrator's order.
The status of the owner's rent restoration applications is as
FF610340OR denied on March 27, 1992;
FH610117OR denied on January 9, 1992.
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,
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA