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.:ED220297RO
Twenty Third Realty Co., RENT ADMINISTRATOR'S
6309 23 Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on March 23, 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 November 8, 1988 by filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
In an answer filed on January 20, 1989, the owner denied the
allegations, and otherwise asserted that services were being
provided and maintained; and that the tenant did not want the
apartment painted at the time due to illness. The owner submitted
nothing to substantiate these allegations.
Thereafter, on March 7, 1990, a physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed the
existence of defective conditions.
By an order dated March 23, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
refused access to the owner to have the apartment painted; and that
all other defective conditions were repaired.
In answer, the tenant denied refusing access but merely pointed out
to the owner that the roof and ceiling has to be repaired before any
The owner responded, stating in substance that services are being
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 Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the March 7, 1990 physical inspection which confirmed the existence
of defective conditions, warranting a rent reduction.
The owner's allegation that the tenant refused access was
unsubstantiated in the proceeding before the Administrator, and
disputed by the tenant.
This Order and Opinion is issued without prejudice to the owner's
right to file a rent restoration application if the facts so
THEREFORE, in accordance with the Rent and Eviction Regulations 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