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.:EJ230189RO
Alex Izsak, RENT ADMINISTRATOR'S
1367-69 65 Street
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 12, 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.
Various tenants commenced this proceeding on August 14, 1989 by
filing a complaint asserting that the owner had failed to maintain
certain services in the building.
In answer, the owner denied the allegations and otherwise asserted
that all repairs were done.
On June 29, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated September 12, 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
DHCR mailed a copy of the petition to the tenants who denied the
allegations in the petition.
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. Section 2202.16 of the Rent and Eviction Regulations
provides that the Administrator may impose a rent reduction when
there has been a reduction in eseential services. The owner's
petition does not establish any basis to modify or revoke the
Administrator's determination based on the June 29, 1990 inspection
which confirmed the existence of defective conditions, warranting a
The owner's rent restoration application (EK230262OR) was granted on
April 23, 1991.
As to the rent stabilized tenant affected by this determination, the
automatic stay of the retroactive rent abatement that resulted by
the filing of this petition is vacated upon issuance of this Order
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations and Operational Bulletin 84-1,
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