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.:
AMALIA WINTNER, RENT ADMINISTRATOR'S
PETITIONER PREMISES: Apartment 23
----------------------------------x 740 West End Ave.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued 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 as-
serting that the owner had failed to maintain certain services
in the subject apartment.
In its answer, the owner denied the allegations set forth in the
tenants complaint or otherwise asserted that all required repairs
had been or will be completed.
Thereafter an inspection of the subject apartment was conducted
by a Division of Housing and Community Renewal (DHCR) inspector
who found that services were being maintained.
The Rent Administrator denied the rent reduction application and
terminated the proceeding.
In her petition for administrative review, the tenant alleges
that various service deficiencies exist in the subject building.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenant's petition does not make clear whether it is her
contention that the alleged conditions existed before the DHCR
inspection occurred or the order was issued or whether the con-
tention is that the alleged conditions occurred following the
issuance of the Rent Administrator's order. If it is the former,
the tenant's allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's
order denying the rent reduction application was nevertheless
correct when issued, and this order is issued without prejudice
to the tenant's filing a new application for a rent reduction
based on a diminution of services.
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