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.:
Calogero Restivo, RENT ADMINISTRATOR'S
255 East 237 Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on April 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 January 9, 1990 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted that he would "take care of the
complaint that the tenant had made."
Thereafter, an inspection of the subject apartment was conducted on
April 2, 1990 by a DHCR staff member who confirmed the existence of
The Administrator directed the restoration of services and ordered
a reduction of the stabilized rent.
In the petition, the owner states in substance that he did repairs
and would continue to repair.
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
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on an
inspection which confirmed the existence of defective conditions,
warranting a rent reduction.
The owner's rent restoration application (ED610167OR) was denied on
January 4, 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, denied and
that the Adminstrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA