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.:FE510332RO
(Refile of FD510277RO)
H. Clayton Smith and Co., Inc. RENT ADMINISTRATOR'S
601 West 135 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 March 27, 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 November 9, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that repairs were done.
On February 28, 1991, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated March 27, 1991, 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 who answered,
stating that the complained-of conditions have not been corrected.
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
February 28, 1991 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner's rent restoration application (GL410118OR) was denied on
December 24, 1993.
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