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.: FL210044RO
DOCKET NO.: EB210452S
STATH REALTY CO./BILL STATHAKOS,
PREMISES: 373 96th Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for
administrative review of an order issued on November 1, 1991
concerning the housing accommodations relating to the above-
described docket number.
The issue in this appeal is whether the Administrator's order
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
This proceeding was commenced on February 13, 1990 by a rent-
stabilized tenant who filed a complaint, asserting that the owner
failed to maintain numerous required services in the subject
On March 27, 1990, the Division sent the owner a copy of the
In an answer filed on March 30, 1990, the owner stated that he
completed necessary repairs.
On October 9, 1991, an on-site inspection of the subject
apartment was conducted by a DHCR staff member who reported that
the small area of the bathroom wall below the window sill has
defective plaster; that the cold water faucet of the bathroom
shower faucet drips; that the bathroom window sill and part of the
frame is water damaged; and that there are leaks, stains and
peeling paint and plaster in the bedroom.
Based on the inspection, the Administrator directed on
November 1, 1991 restoration of services and further ordered a
reduction of the stabilized rent.
In the petition for administrative review, the owner contends
that repairs were completed and submits a copy of a November 18,
1991 letter by tenant acknowledging correction of the defective
conditions. The owner further asserts that it did not receive a
copy of the tenant's complaint and that the November 18, 1991
acknowledgment was previously submitted.
On January 8, 1992, the Division mailed a copy of the owner's
petition to the tenant.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
The record discloses that the owner filed an answer in the
proceeding before the Administrator on March 30, 1990. The record
further discloses that the November 18, 1991 letter bears an
incorrect docket number, not the same conditions as specified in
the inspection report, was not part of the record before the
Administrator, and indicated repairs completed subsequent to the
issuance of the order. Accordingly, the Administrator's order
which was based on an on-site inspector's finding of defective
conditions, warranting a rent reduction, was correct when issued.
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 Administrator's order be, and the same hereby
Joseph A. D'Agosta