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.: GB210088RO
DOCKET NO.: EH210835S
28 Realty Company Partnership,
PETITIONER SJR 6568
ORDER AND OPINION MODIFYING PRIOR ORDER OF THE COMMISSIONER
PURSUANT TO JUDGEMENT OF THE COURT AND DENYING TENANT'S PETITION
FOR ADMINISTRATIVE REVIEW
On February 7, 1992, the above-named petitioner-owner filed a
petition for administrative review of an order issued on January
10, 1992, by the Rent Administrator, concerning the housing
accommodation known as 28-30 Argyle Road, Apt. 4A, Brooklyn, New
York, wherein the Administrator ordered a reduction in rent upon a
finding of a decrease in services.
The Commissioner had reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
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, the owner asserted that all required repairs
had been or would be completed.
Thereafter an inspection of the subject premises was conducted
by a DHCR inspector who confirmed the existence of defective
The Rent Administrator directed restoration of these services
and ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
among other things, that it was error for the Rent Administrator to
grant a rent reduction in the absence of the tenant's having
applied for one.
In the Order of July 8, 1992, the Commissioner found that it
was error for the Administrator to have granted a rent reduction
because the tenant had not applied for a rent reduction either in
his original defective complaint or in his refiled perfected
complaint. The rent reduction was therefore revoked however the
Administrator's directive to the owner to restore services within
thirty days was affirmed.
Thereafter, the tenant bought an Article 78 proceeding seeking
judicial review of the Commissioner's order. By order dated
November 19, 1992 the Supreme Court, Kings Count (Ramirez, J. Index
Number 28671/92) deemed the tenant's rent applications of August 28
and December 12, 1990 to be applications for a rent reduction based
on decreased services and ordered the DHCR to redetermine the
tenant's application for a rent reduction based on the record
established in this case.
THEREFORE, in accordance with the judgment of the court, it
ORDERED, that the Commissioners prior order and opinion issued
on July 8, 1992 be, and the same hereby is, revoked; and it is,
FURTHER ORDERED, that the owner's petition of February 7, 1992
be, and the same hereby is, denied, and that the Administrator's
order of January 10, 1992 be, and the same hereby is affirmed.
Joseph A. D'Agosta