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.:FE510331RO
(Refile of FD510094RO)
Arthur Agababian, RENT ADMINISTRATOR'S
567 West 173rd Street
New York, NY
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 February 15, 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 tenant commenced this proceeding on January 31, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
that all repairs were done.
On January 30, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated February 15, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
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. Pursuant to Section 2202.16 of the Rent and Eviction
Regulations, the Administrator may impose a rent reduction when
there has been a ED420319RO
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the January 30, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner's rent restoration application (EC420091OR) was denied on
October 5, 1990.
NOT IN RENT CONTROL AND OR'S
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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