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.: GF610060RO
DOCKET NO.: GA610247S
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 845 Gerard Ave., Apt. #3L, Bronx, N.Y.
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 the 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 on April 6, 1992 who confirmed
the existence of the following defective conditions: toilet
continually runs, bulging bathroom ceiling with hole around riser.
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 the necessary work was done on February 21, 1992
before the inspection and that the toilet and ceiling have been
The Division sent the petition to the tenant on June 19, 1992.
The tenant answered, stating that the ceiling had not been repaired
properly and the toilet still runs constantly.
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 owner's allegation of repairs is
controverted by the inspection report.
The owner may file a rent restoration application if the facts
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the 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