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.:EE420024RO
Oceanic Realty Co., RENT ADMINISTRATOR'S
222 West 20th St.
New York, NY
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 30, 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 March 12, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on April 26, 1989, the owner asserted in
substance that it would investigate the complaint and make necessary
repairs when access is allowed.
Thereafter, on March 14, 1990, a physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed that
the bathroom tub tiles required grouting; that the tub drained
slowly; and that there was vermin infestation.
By an order dated March 30, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that an
exterminating company services the entire building on a regular
basis; and that the tenant should provide access to this service.
There is nothing in the petition indicating that the owner addressed
the defective conditions in the bathroom tub tiles and tub drain.
In answer, the tenant asserted that she always provided access to
the exterminator, but the exterminator visited recently after the
rent reduction order; and that was the first time in three (3)
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 14, 1990 physical inspection which confirmed the existence
of defective conditions, warranting a rent reduction.
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