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.:EJ210128RO
Forum Realty Co., RENT ADMINISTRATOR'S
1075 Sheepshead Bay Road
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on September 24, 1990 concerning the
housing accommodations relating to the above-described docket
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 owner commenced this proceeding on November 3, 1989 by filing an
application to restore rent based on the restoration of services,
namely that the two hallway closet sliding doors were repaired.
In an answer filed on January 8, 1990, the tenant denied the
allegations in the petition and otherwise asserted that the owner
had made no attempts to repair at all.
On September 6, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who reported that the two hallway
closet doors are off the tracks.
By an order dated September 24, 1990, the Administrator denied the
In this petition, the owner contends in substance that the defective
hallway closet doors are minor conditions, not warranting a rent
In answer, the tenant denied these conditions to be minor, asserting
that the carpenter never came; there are no tracks at the bottom of
the closet; the top tracks are severely bent; and the doors are
difficult to slide and do fall off, extremely difficult for her
because of her back problems.
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 the
September 6, 1990 inspection which confirmed the continued existence
of defective conditions, warranting a rent reduction.
The contention that these conditions are minor and warrant no rent
reduction should have been dealt in the rent reduction proceeding
and cannot now be raised on appeal of a rent restoration proceeding.
A subsequent rent restoration application (FE210068OR) was granted
on November 13, 1991.
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.
JOSEPH A. D'AGOSTA