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.:EK210060RO
SJL Atlantis Co., RENT ADMINISTRATOR'S
3235 Emmons Avenue
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 4, 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 owner commenced this proceeding by filing an application to
restore rent based on the restoration of services in the subject
In answer, the tenant denied the allegations and otherwise asserted
that repairs were not done.
On September 18, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the continued
existence of defective conditions.
By an order dated October 4, 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 prior to inspection.
In answer, the tenant stated that the repairs were ineffective and
done in an unworkmanlike manner.
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 18, 1990 inspection which confirmed the continued
existence of defective conditions, warranting a denial of the
The status of the owner's rent restoration applications is as
follows: CB210056OR denied on October 18, 1988, CL210122OR denied on
July 26, 1989, EF220090OR denied on May 21, 1991 and FG210015OR
granted on August 5, 1992.
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