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.: ED120396RO
(Refile of CJ120176RO)
Rey-Cal Realty Corp., RENT ADMINISTRATOR'S
DOCKET NO.: BK120412S
PETITIONER PREMISES: Apt. 5B
8806 Parsons Blvd.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on September 29, 1988 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 November 6, 1987 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On December 29, 1987, DHCR mailed a copy of the complaint to the
In an answer dated January 14, 1988, the owner asserted in substance
that the conditions were being corrected.
Thereafter, an inspection of the subject apartment was conducted on
August 30, 1988 by a DHCR staff member who confirmed the existence
of defective conditions.
By an order dated September 29, 1988, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
In the petition for administrative review, the owner contends in
substance that it was not aware of the tenant's complaint and that
the tenant refused access.
In answer, the tenant denied the allegations in the petition and
otherwise asserted that the conditions continue to exist.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
petition. The instant petition raises new facts or evidence that
were not before the Administrator or otherwise fails to raise any
issue regarding the correctness of the order being appealed from.
The Commissioner finds that the petition must therefore be dismissed
for failure to state a cause of action.
The owner's rent restoration application (FB110069OR) was granted on
July 17, 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
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, dismissed.
JOSEPH A. D'AGOSTA