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.: GF210123RO
2006 BENSON REALTY CO., DISTRICT RENT
DOCKET NO.: FJ210230S
PREMISES: 2006 Benson Ave.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 7, 1992 concerning the housing
accommodations relating to the above-described docket number.
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 issue in this appeal is whether the Administrator's order was
This proceeding was commenced on October 9, 1991 by the tenant
filing a complaint asserting that the owner had failed to maintain
extermination services in the subject apartment, and that the
apartment has been infested with mice and roaches for at least 2
On October 16, 1991, DHCR transmitted a copy of the tenant's
complaint to the owner.
In its answer filed on November 15, 1991, the owner asserted that as
indicated by the attached letter from the exterminating company,
the monthly extermination is on every 2nd Saturday.
Thereafter, an on-site inspection of the subject apartment was
conducted on April 15, 1992 by a DHCR staff member who confirmed
the existence of mice droppings and roaches.
Based on the inspection, the Administrator directed on May 7, 1992
the restoration of services and further ordered a reduction of the
In its petition for administrative review, the owner contends that
the exterminator comes regularly to the building, as indicated by
attached copies of paid invoices in the last one and a half years.
On June 29, 1992, DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
There is no evidence in the record that the exterminator went to the
subject apartment in response to the tenant's complaint or that the
tenant refused extermination services.
The Administrator's determination was based upon a DHCR inspector's
finding of defective conditions within the apartment. Accordingly,
the determination was in all respects proper and is hereby
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA