STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
HERMAN STEINBERG, DOCKET NO.:
846 E. 175 REALTY CO. INC., EA 610476-S
846 East 175th Street
PETITIONER Apt. B, Bronx, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review 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 fili g a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
In its answer, the owner alleged, without any substantiation,
that the tenant was denying access.
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of defective condi-
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilized rent.
In its petition for administrative review, the owner states, in
substance, that repairs have been performed and that the tenant
has been evicted for non-payment of rent.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that none of the allegations contained in
the owner's petition are supported by any substantiating evi-
The owner's petition does not make clear whether it is the own-
er's contention that repairs had been made before the apartment
was inspected or 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 is the latter, then the Rent Administrator's order reducing
the rent was nevertheless correct when issued, and this order is
issued without prejudice to the owner filing a restoration of
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner