Docket Number: FD-110118-RO
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.: FD 110118-RO
POMONOK CREST APARTMENTS, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EE 110637-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On April 12, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 8, 1991,
concerning t e 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.
On April 18, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on September 20, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been completed.
Thereafter on February 26, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On March 8, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the legal
In its petition for administrative review, the owner states, in
substance, that repairs have been performed and there should be no
rent reduction because the tenant's original complaint did not
request for one.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted in part and the Administrator's order
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
inspected or before the order was issued, or whether the contention
is that repairs were made following the issuance of the Rent
Administrator's order. If it is the former, then the owner's
allegation is belied by the report of the agency inspector. If it
Docket Number: FD-110118-RO
is the latter, then the Rent Administrator's order finding decreased
services was nevertheless correct when issued.
However, the record shows that the tenant in its original complaint
did not request for a rent reduction. The petition is granted in
part and the Administrator's order modified to eliminate the rent
reduction. Any rent arrears shall be paid by the tenant in three
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the District Rent Administrator's order be, and the
same hereby is, modified in accordance with this Order and Opinion.