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.:EK210316RO
441 Ocean Avenue Assoc., RENT ADMINISTRATOR'S
441 Ocean Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued by the Administrator 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 by filing an application to
restore rent based on the restoration of services.
In answer, the tenant denied the allegations in the application and
otherwise asserted that defective conditions continue to exist.
On October 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 November 1, 1990, the Administrator denied the
In this petition, the owner contends in substance that all work was
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 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
October 18, 1990 inspection which confirmed the continued existence
of defective conditions, warranting a denial of the application.
The owner may file another rent restoration application if the facts
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