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.:EE220261RO
2285 Ocean Associates, RENT ADMINISTRATOR'S
2285 Ocean 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 May 2, 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 21, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner requested an extension through May 31, 1989 to
file a response to the complaint.
There is nothing in the record showing that the owner addressed the
Thereafter on April 12, 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 May 2, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
allowed access only on May 29, 1990 to complete the work and that
the tenant still does not cooperate with the owner in the
maintenance and improvement of the apartment.
In answer, the tenant denied the allegations and otherwise asserted
that the owner contacted him for repairs only after the rent
reduction order was issued.
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, the
Administrator must impose a rent reduction when the tenant applies
for one as part of a service reduction complaint and there has been
a finding of a reduction in services. The owner's petition does not
establish any basis to modify or revoke the Administrator's
determination based on the April 12, 1990 inspection which confirmed
the existence of defective conditions, warranting a rent reduction.
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 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 Administrator's order be, and the same hereby is, affirmed.
Lula M. Anderson