GB 210135 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
55 REALTY, DOCKET NO.:
55 Winthrop Street
PETITIONER Apt. 5-C, Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
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 below by filing an applica-
tion asserting that the owner had failed to maintain certain
services in the subject apartment, inter alia extermination
In its answer dated May 30, 1991, the owner stated, "Repairs have
Thereafter an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the existence of roaches and mice
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
"Landlord has always provided exterminator services. Date of
service is fourth Tuesday of month."
GB 210135 RO
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner did not submit any evidence such as a statement, contract
or bill from the exterminator, either to the Administrator or by
attachment to the petition; to establish that exterminator services
are actually provided on a regular basis. The Commissioner is also
of the opinion that if the owner provides such services they have
not been efficacious in eliminating the existence of mice and
roaches in the complainant's apartment, as evidenced by the results
of the DHCR inspection which occurred on January 8, 1992. Accord-
ingly, the Commissioner finds that the Rent Administrator's order
reducing the rent was correct and warranted and should be affirmed.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for a
restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner