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.:
35 REALTY CORPORATION,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 15, 1992, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on April 29,
1992, by the Rent Administrator, concerning the housing accommoda-
tion known as 35 Thayer Street, New York, New York, Apartment 2-F,
wherein the Administrator determined that the maximum legal rent
for the subject rent controlled apartment should be reduced by
$8.00 per month based upon a diminution of services. The
Administrator's order was based upon an inspection held on March
31, 1992. The inspection showed that the refrigerator freezer
temperature was not being maintained. The Rent Administrator also
directed restoration of all services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject rent controlled apartment.
On appeal, the petitioner-owner averred that it was never afforded
an opportunity to respond to the tenant's complaint because it
never received a copy of the complaint in the proceedings below.
The petition was served on the tenant on June 4, 1992. The tenant
answered the petition on June 20, 1992, alleging that the owner did
not satisfactorily correct the refrigerator problem before the
issuance of the Rent Administrator's order.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations
for New York City, the Administrator may order a decrease in the
maximum rent based on a finding that there has been a decrease in
the dwelling space, essential services, furniture, furnishings or
equipment required to be provided.
The record shows that a Notice and Transmittal of Tenants' com-
plaint was mailed to the owner on February 4, 1992 at the owner's
correct address and that the owner failed to submit an answer
The Commissioner finds that the Administrator based her determina-
tion on the entire record including the results of the on-site
physical inspection described above. The order here under review
was correctly issued and is, therefore, affirmed.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA