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.:
PETITIONER FA 510418-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 22, 1991, the above-named tenant refiled a petition for
administrative review of an order issued on May 30, 1991, by a
Rent Administrator concerning the housing accommodation known as
Apartment 4, 25 St. Nicholas Terrace, New York, New York,
wherein the owner was directed to restore services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
On January 24, 1991 the subject tenant filed a complaint based on
the owner's alleged failure to maintain services alleging various
deficiencies in his apartment, including leaks, damaged walls and
ceilings, exposed wiring and a need for painting.
On April 24, 1991 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the complained
of conditions were as alleged by the tenant.
On May 30, 1991, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and directing the owner to restore services by correcting the
In his petition for administrative review the tenant requests
modification of the Rent Administrator's order alleging that he
had requested a rent reduction.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the tenant, in his statement of
complaint, did not apply for a rent reduction. Accordingly, the
Commissioner finds that the Rent Administrator correctly directed
the owner to correct the defective conditions in the tenant's
apartment and correctly did not grant a reduction since the
tenant had not applied for one as required by Section 2523.4(a).
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby