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.: GF210125RO
DOCKET NO.: FL210168S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 449 16 Street, Apt. #3R, Brooklyn, NY.
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 tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied that allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions:
FLOOR/COVERING BEDROOM 2
The Rent Administrator directed restoration of these services
and further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states in
substance that he took over the building as first mortgagee in
possession on January 8, 1992, the building having been abandoned
by the previous owner, and that since then repairs are being made
and violations corrected. The owner incorrectly asserts that the
May 13, 1992 inspection found all services being maintained.
The petition was served on the tenant who responded on July
15, 1992 stating that the owner had made an appointment for July
16, 1992 to repair the bedroom and hallway floors.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. The Owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The Commissioner notes that the owner has filed a rent
restoration application which will be decided under a separate
THEREFORE, in accordance with the Rent Stabilization Law and
Code and Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta