DOCKET NO.: EI 810055-RO
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. EI 810055-RT
: DISTRICT RENT ADMINISTRATOR'S
ROLANDA GLOVER, DOCKET NO. YEC 910019-S
PETITIONER : PREMISES: 26 RANDOLPH STREET
--------------------------------------X APT. 4G
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative review of
an order issued concerning the housing accommodations described above.
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 by filing a complaint asserting that
the owner had failed to maintain certain services in the subject premises,
including peeling paint and plaster.
In its answer, the owner stated that it had begun to paint the premises, but
was forced to stop after tenant denied access to the painter. The owner
stated that it was otherwise willing and able to resume painting as soon as
tenant allowed access. A DHCR inspection had revealed evidence of peeling
paint and plaster in the subject premises.
The Administrator notified the tenant of the owner's answer, and requested
the tenant to state whether or not the owner had resumed work. The tenant
was advised that failure to thus notify the Administrator "will result in a
determination based solely on the record." The tenant did not answer this
request. On the basis of the tenant's failure to respond the Administrator
issued an Order denying tenant's complaint of reduction in service.
In her appeal, the tenant states that she never answered the Administrator's
request because she never received it.
The Commissioner is of the opinion that this petition should be denied.
An examination of the record reveals that the Administrator's request was
properly addressed to the tenant.
The Commissioner further notes that, in her petition, the tenant concedes
that painting had been done and that she requests a rent abatement due to
the two years she and her family were forced to live in substandard
conditions caused by owner's failure to make repairs. The Commissioner
DOCKET NO.: EI 810055-RO
notes here that the Division of Housing and Community Renewal cannot grant
rent reductions for reductions in service prior to the filing of a
THEREFORE, in accordance with the provisions of the Tenant Protection
Regulations, it is
ORDERED, that this petition for administrative review be, and the same
hereby is denied, and that the order of the Rent Administrator be and the
same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner