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.:GA110119RO
142-30 Sanford Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 4, 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 October 15, 1990 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 required services are being maintained.
On November 15, 1991, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of mice
and roach infestation.
By an order dated December 4, 1991, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
In this petition, the owner contends that exterminating services
were always provided. The owner submits a copy of a bill dated
October 9, 1990 from the pest control company.
In answer, the tenant stated in substance that the conditions
continue to exist.
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 petition fails to disturb the Administrator's determination
based on the November 15, 1991 inspection conducted by a DHCR staff
member who confirmed the existence of mice and roach infestation.
The copy of a bill dated October 9, 1990 from the pest control
company submitted by the owner is insufficient evidence to disturb
the findings of the staff inspector. Accordingly, the determination
was in all respects proper and is hereby sustained.
The owner's rent restoration application (FL110123OR) was denied on
April 29, 1992; the owner's rent restoration application
(FL110221OR) was granted on July 14, 1993.
The automatic stay of the retroactive rent abatement 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,
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