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.:
Elso Realty Co., RENT ADMINISTRATOR'S
PREMISES: Apt. E1
245 Hawthorne St.
PETITIONER Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review against an order issued by the Rent Administrator reducing
the rent and directing restoration of services based on a finding
of failure to maintain services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
issues raised by the petition.
The tenant commenced this proceeding 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 all required
repairs had been completed.
Thereafter, an inspection of the subject apartment was conducted on
May 21, 1991 by a DHCR staff member who confirmed the existence of
On June 11, 1991, the Administrator directed the restoration of
services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that repairs were done, submitting inter alia copies of
work orders dated subsequent to the issuance of the order appealed
In answer, the tenant asserted that defective conditions still
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 order which determined that
the owner was not maintaining required services based on a physical
inspection confirming the existence of defective conditions in the
subject apartment for which a rent reduction is warranted.
The owner may file a rent restoration application if the facts so
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,
JOSEPH A. D'AGOSTA