Docket Number: FD-210005-RO
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.: FD 210005-RO
: DISTRICT RENT ADMINISTRATOR'S
HORACE F. GRANT, DRO DOCKET NO.: DK 210453-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 2, 1991, the above-named owner filed a timely Petition for
Administrative Review of an order issued on March 5, 1991,
concerning t e 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.
On August 29, 1990, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on December 15, 1989, the owner denied the
allegations set forth in the tenant's complaint.
In reply filed on January 7, 1991, the tenant claimed that the
defective conditions still exist.
Thereafter on Janaury 30, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On March 5, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
In its petition for administrative review, the owner states, in
substance, that defective conditions were caused by the tenant in
retaliation for non-payment proceedings.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner provided no proof in this petition that the tenant caused
the defective conditions. The owner also did not raise this issue
of tenant-caused defects in the proceeding below and should be
precluded from raising same on appeal. Moreover, the owner had
sixteen months from the date of service on the tenant's complaint
until the issuance of the Administrator's order to investigate the
tenant's complaints and to make the necessary repairs, but the owner
failed to do so.
Docket Number: FD-210005-RO
The Commissioner finds that the Administrator properly based its
determination on the entire record, including the results of the
inspection conducted on January 30, 1991, and that pursuant to
Section 2523.4(a) of the Code, the owner had failed to maintain
services, warranting rent reduction.
This Order and Opinion is issued without prejudice to the owner's
right to file an application for restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby