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.:FC610059RO
Hill Top House, Inc., RENT ADMINISTRATOR'S
500 Kappock 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 February 20, 1991 concerning the
housing accommodations relating to the above-described docket
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 April 19, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on July 2, 1990, the owner denied some of he
allegations and otherwise asserted that services were being provided
On August 28, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
The owner was informed of these defective conditions.
In an answer filed on October 10, 1990, the owner stated that the
entire terrace is being repaired; that all windows are being
replaced with new windows; and that the awning belongs to the tenant
and should be repaired by the tenant.
Another physical inspection of the subject apartment was conducted
on January 3, 1991 by a DHCR staff member who reported that the
terrace door is cracked and its panel replaced with plywood; and
that the terrace awning is torn in various places.
By an order dated February 20, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that it has not received the
tenant's complaint; that all conditions were corrected except for
the awning installed by the tenant; and that the tenant refuses
repair of the door and insists on replacement with a new door.
In answer, the tenant denied in substance the allegations in the
petition. As to the awning, she asserted that there are nine (9)
terrace awnings in the building, all of the same type and installed
in the same way. The "hardware" of these awnings is made of steel
and its "armature" is permanently attached to the building infra-
structure. The awnings were installed in the 1950's with bricks
being laid around the awning hardware during the final construction
of the building. Thus, it is unlikely that all these terrace awnings
of the same color, size, pattern, material and installation were
supplied by individual tenants.
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
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the August 28,
1990 and January 3, 1991 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
In addition, the petition fails to establish that the awning was
installed by the tenant.
Moreover, the bare allegation that the tenant refused repair of the
terrace door and insisted on replacement with a new door was not
raised before the Administrator.
Finally, the owner's contention that it has not received the
tenant's complaint is belied by the owner's various answers in the
The owner's rent restoration application (FC610056OR) was denied on
September 10, 1991.
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