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.:EJ220280RO
Albermarle Road Corp./ RENT ADMINISTRATOR'S
Myrtle Hoyte, DOCKET NO.:DI220484S
2608 Albermarle 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 October 9, 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 September 13, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment, including water leakage and wet
floor in the bathroom due to a defective flushometer.
In answer, the owner asserted in substance that all repairs were
On September 17, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who reported that the flushometer
By an order dated October 9, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done as indicated by a copy of the tenant's signed acknowledgement
that the flushometer was repaired on October 23, 1990; and that the
defective flushometer is a new condition which it was not aware of.
DHCR mailed a copy of the petition to the tenant.
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 September 17, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner's rent restoration application (EK220031OR) was granted on
July 25, 1991.
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.
JOSEPH A. D'AGOSTA