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.:FB210099RO
(Refile of FA210055RO)
Lawrence Cohen d/b/a RENT ADMINISTRATOR'S
College Apartments, DOCKET NO.:ED210099OR
3413 Avenue H
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on December 11, 1990
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 owner commenced this proceeding on April 13, 1990 by filing an
application to restore rent based on the restoration of services.
On May 3, 1990, DHCR mailed a copy of the application to the tenant.
Thereafter, an inspection of the subject apartment was conducted on
November 19, 1990 by a DHCR staff member who found the continued
existence of defective conditions.
By an order dated December 11, 1990, the Administrator denied the
owner's application, finding roach infestation in the apartment and
bulging in the bathroom ceiling above the tub.
In this petition, the owner contends in substance that there is
regular exterminating and that the bulging was repaired.
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.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized 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 to
modify or revoke the Administrator's determination based on the
November 19, 1990 inspection which confirmed the continued existence
of defective conditions, warranting a denial of the owner's rent
The owner may file another rent restoration application if the facts
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, 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, affirmed.
JOSEPH A. D'AGOSTA