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.: GE610169RO
DOCKET NO.: FJ610144S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 27, 1992, the above-named petitioner-owner filed a
timely petition for administrative review (PAR) of an order issued
on May 20, 1992, by the Rent Administrator, concerning the housing
accommodation known as 3150 Roberts Ave., Apt. 6K, Bronx, N.Y.
wherein the Administrator reduced the rent based upon a finding
that certain services were not being maintained.
The Commissioner has 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.
This proceeding was commenced by the filing of a complaint of
decrease in services on October 4, 1991. An inspection conducted
by a Division employee confirmed existence of some of the
complained of conditions which resulted in the issuance of the
In the PAR, the owner contends that the order is in error
since the tenant had not complained of mold in bedroom 2, and floor
covering in bedroom 1 is not a service which the owner supplies.
The Commissioner is of the opinion that the petition should be
The tenant's complaint dated September 26, 1991 and received
by the Division on October 4, 1991 clearly states "mold grows on
wall and windows and inside closet in baby's room". It further
states that there is a "large hole under floor under radiator" in
the master bedroom.
The Commissioner, therefore, rejects the owner's contention
that the conditions found by the inspection were not the conditions
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
Joseph A. D'Agosta