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.:
GARY KRASNER, RENT ADMINISTRATOR'S
PETITIONER FB 110875-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 10, 1991, the above-named tenant refiled a Petition for
Administrative Review of an order issued on May 8, 1991, by a
District Rent Administrator concerning the housing accommodation
known as Apartment 4-B, 188-34 87th Drive, Hollis, New York,
wherein the Administrator dismissed the tenant's complaint for
failing to state the nature of his request.
On December 19, 1990, the subject-tenant filed a complaint
requesting a rent reduction because of the owner's failure to
maintain services. The complaint stated that the gas oven had
been removed by the owner at the tenant's request because the
tenant preferred to use his own appliance. Also enclosed was a
letter signed by the tenant, the superintendent and the owner in
which the owner agreed to remove and repossess the oven at the
The owner answered that the agreement did not mention any reduc-
tion in rent, and that the complaint failed to allege any
reduction of services.
In an order issued on May 8, 1991, the Rent Administrator
dismissed the tenant's complaint for failing to state the nature
of the complaint of reduced services.
In his petition, the tenant alleges that he is eligible for a
rent reduction for reduced services even though the oven was
removed by the owner at the tenant's request. The tenant states
that DHCR employees advised him to request it.
The Commissioner is of the opinion that this petition should be
The Rent Stabilization Code provides for the reduction of a ten-
ant's rent by order of the DHCR when the owner fails to maintain
required services. In the instant case, however, the tenant
alleges no reduction of services but only that he chose to use
his own cooking appliance instead of the one provided by the
owner. The tenant is thus receiving all required services and is
making no further request of the owner. Therefore, the tenant's
complaint was properly dismissed for failing to state the nature
of the complaint.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that tenant's petition be, and the same hereby is,
denied and that the Rent Administrator's order be and the same
hereby is affirmed.