Docket No. FF 710410-RT
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. FF 710410-RT
Anthony Marino, NO. FA 710060-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 17, 1991, the above-named tenant timely filed a
petition for administrative review of an order issued on April 19,
1991 by a District Rent Administrator concerning the housing
accommodation known as Apartment 3-W, 55 Lenox Road, Rockville
Centre, New York.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition for review.
On January 10, 1991 the subject tenant filed an application for
a rent reduction based on the owner's alleged failure to maintain
services alleging, among other things, that there was a leak in the
subject apartment's ceiling since 1979, and that there was water
seepage over the air conditioner in the bedroom and spreading
alongside the wall.
On April 8, 1991 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector's report noted that there was no leakage
problem in the bedroom, no leakage problem in the livingroom
ceiling, and no cracks in the bedroom ceiling.
On April 19, 1991 the District Rent Administrator issued the
order here under review which denied the tenant's complaint and
found that the service reductions, as alleged in the tenant's
complaint, had been corrected.
The tenant's petition states: "A review of the correspondence
sent to the Hempstead Office will show that although property owner
corrected this specific condition, there have been repeated similar
Docket No. FF 710410-RT
water leakages in my apartment since 1978, and sometimes I have had
to wait weeks or months before correction."
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
As the DHCR's inspection report noted that the defects that
were listed in the tenant's complaint were corrected, the
Commissioner finds that the Administrator's order should not be
The Commissioner notes that the subject tenant's petition
admits that the service defects that were listed in the complaint
had been corrected.
Accordingly, the Commissioner finds that the tenant's petition
should be denied.
THEREFORE, in accordance with the Emergency Tenant Protection
Act of 1974, and the State Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the order issued by the Rent Administrator be, and the
same hereby is, affirmed.
Joseph A. D'Agosta
Acting Deputy Commissioner