DOCKET NO.: FE 910280-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. FE 910280-RO
: DISTRICT RENT ADMINISTRATOR'S
JONATHAN WOODNER CO. DOCKET NO. YEK 910005-S
c/o BECK LIEBMAN, PETRONE, P.C. : PREMISES: 2 BEAUMONT CIRCLE #3
ORDER AND OPINION REMANDING PROCEEDING
The above-named owner filed a timely petition for administrative review of
an order issued on April 18, 1991 concerning the housing accommodations
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 tenants commenced this proceeding by filing a complaint asserting that
the owner had failed to maintain certain services in the subject premises,
specifically that there were defects in their refrigerator.
In its answer, the owner stated that the refrigerator had been replaced.
The tenant answered the owner's above-mentioned answer, alleging that the
new refrigerator was "worse than the first."
The Rent Administrator directed restoration of services within thirty
(30) days of the issuance of the Order.
In its petition for administrative review, the owner states that there are
no defects with the replacement refrigerator, and that DHCR never
inspected the replacement refrigerator. The owner also contends that the
tenant "shouls be censured and be made to pay the legal fees of the
The Commissioner is of the opinion that this proceeding should be
An examination of the record below reveals that, as per owner's allegation
at appeal, the DHCR never inspected the subject refrigerator; such
inspection being necessary to resolve the issue of the replacement
refrigerator's condition. However, the owner's request for censure of the
tenant and recovery of legal fees from the tenant is hereby denied.
Neither remedy is available under the Regulations or required by the
DOCKET NO.: FE 910280-RO
THEREFORE, in accordance with the provisions of the Tenant Protection
Regulations, it is
ORDERED, that this proceeding be, and the same hereby is, remanded to the
Administrator. The Administrator is hereby ordered to inspect the
subject refrigerator in order to determine whether it is defective, and
thus whether an order reducing rent should thus be issued by the
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
TO: District Rent Office/Processing Unit
Date: April 2, 1992
FROM: Administrative Review Bureau
SUBJECT: Remand Order
Administrative Appeal Docket No. FE 910280-RO
D.R.O. Docket No. EK 910005-S
Subject Premises: 2 Beaumont Circle #3, Yonkers, NY
This proceeding was remanded:
[ ] 1) Because District Office file was not received by us in time
to decide the matter within statutory or court imposed deadlines. the
original order should be affirmed, revoked, modified or corrected after
consideration of claims made and/or new evidence submitted or offered on
appeal. (See the "D.R.O. Copy" of our final order and all attachments,
that accompanies this memo.)
[ ] 2) For a hearing to be held, by the Hearing Bureau. Your file
has been transferred to the Hearing Bureau and this memo and "D.R.O. Copy"
of our order is sent to you for you information and records.
[X] 3) For the reasons specified below:
DHCR never inspected tenant's refrigerator