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.:FB220190RO
Nasor A. Wahab, RENT ADMINISTRATOR'S
3074 Brighton 14 St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 4, 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 owner commenced this proceeding on September 6, 1990 by filing
an application to restore rent based on the restoration of services.
In answer, the tenant denied the allegations in the application and
otherwise asserted that defective conditions continued to exist.
On January 16, 1991, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the continued
existence of defective conditions.
By an order dated February 4, 1991, the Administrator denied the
In this petition, the owner contends in substance that repairs were
made, there are no defective conditions, and the tenant refused
access to the owner.
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 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the January 16, 1991 inspection which confirmed the continued
existence of defective conditions, warranting a rent reduction.
The owner's rent restoration application (FC220015OR) was denied on
December 18, 1991.
THEREFORE, in accordance with the Rent and Eviction Regulations 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