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.:FC210148RO
Trio Realty Co., RENT ADMINISTRATOR'S
261 Lenox Road
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 7, 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 October 18, 1990 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer dated November 23, 1990, the owner asserted that
repairs were being diligently performed and would be completed three
(3) weeks hence.
On January 18, 1991, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated February 7, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that DHCR failed
to give the owner a final notice after inspection in order to
correct conditions before the issuance of the Administrator's
In answer, the tenant asserted that the owner started repairs on
February 24, 1991; and that defective conditions continue to exist
because repairs were made in an unworkmanlike manner.
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
January 18, 1991 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The petitioner's contention that it has the right to receive a
final notice after inspection in order to correct conditions before
the issuance of the Administrator's order is without merit. Due
process does not require notice of inspection or inspection results
to an owner already served with a complaint. The tenant's complaint
is sufficient notice to the owner to investigate and make necessary
and effective repairs (Empress Manor Apartments v. NYS DHCR, 538 NYS
2d 49, 147 AD2d 642, February 21, 1989).
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