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.:EK410294RO
Upwest Co., DOCKET NO.:EF410754S
475 Central Park West
New York, NY
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 17, 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 by filing a complaint asserting
that the owner had failed to maintain certain services in the
In answer, the owner denied the allegations and otherwise asserted
that all repairs were done.
On September 19, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated October 17, 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 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
September 19, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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