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.:
SHIRLEY ALBERT SPECTOR,
PETITIONER FD 110808-S
ORDER AND OPINION REMANDING THE PROCEEDING TO THE
On August 13, 1991, the above-named tenant filed a petition for
administrative review of an order issued on July 25, 1991, by a
Rent Administrator concerning the housing accommodations known as
Apartment 9-C, 144-47 Charter Road, Jamaica, New York, wherein
tenant's application for a rent reduction was denied.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On April 22, 1991, the subject tenant, filed an application for a
rent reduction based on the owner's alleged failure to maintain
service alleging inter alia that her stove leaked gas.
On May 20, 1991 the owner interposed an answer to the tenant's
complaint wherein it alleged inter alia that the tenant had
refused the owner's offer to replace the stove and that there was
no odor emanating from the tenant's stove.
On June 25, 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, "The stove has a
red tag from Con Ed dated April 3, 1991 No. 81003366; no smell of
gas at time of inspection."
On July 25, 1991, the Rent Administrator issued the order here
under review, finding that no diminution of services had occurred
and denying the tenant's application.
In her petition for administrative review the tenant requests
reversal of the Rent Administrator's order alleging in substance
that the stove leaks gas.
After careful consideration the Commissioner is of the opinion
that this proceeding should e remanded to the Rent Adminis-
The Commissioner notes that the red tag from Con Edison indicates
that the stove is defective. However, there is evidence in the
record that the tenant was denying access or was refusing the
owner's offer of a new stove. Accordingly, the Commissioner
determines that this proceeding should be remanded for further
fact-finding, on the stove issue only, including an investigation
into the owner's allegation that the tenant was refusing the
installation of a new stove.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this proceeding be, and the same hereby is, re-
manded to the Rent Administrator for further processing in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA