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.:FB210243RO
1236 Pacific Realty Associates, RENT ADMINISTRATOR'S
1236 Pacific Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 22, 1991 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 tenant commenced this proceeding on September 17, 1990 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on December 17, 1990, the owner asserted in
substance that the conditions were corrected.
On December 21, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated January 22, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
In answer, the tenant denied the allegation in the petition and
otherwise asserted in substance that the owner's court proceedings
against her delayed the scheduling of repairs.
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
December 21, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner's contention that the tenant refused access is beyond the
scope of review, which is limited to the issues and evidence before
Moreover, said contention is not supported by sufficient evidence
and disputed by the tenant.
The owner is advised to file a rent restoration application if the
facts so warrant.
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