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.:GG420096RO
Mike Camenzuli/ Mullen and Woods Inc. RENT ADMINISTRATOR'S
404 West 50 St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 19, 1992 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 April 30, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services which in relevant part included having "no trash cans" in
In answer, the owner denied the allegations and otherwise asserted
that all services are provided, including garbage cans for the
On August 23, 1991, an on-site inspection of the building was
conducted by a DHCR staff member who confirmed that the public
hallways were dirty; the lighting between the street door and the
second floor was inadequate; and there were no trash cans in the
The owner filed on March 6, 1992 a statement, asserting that the
conditions had been corrected.
On May 22, 1992, another on-site inspection of the building was
conducted by a DHCR staff member who reported that the public halls
were dirty; that there was no trash area and no garbage cans in the
By an order dated June 19, 1992, the Administrator directed the
restoration of services and ordered a $5.00 reduction per month of
the maximum legal rent, based on the determination that building-
wide janitorial services were not provided.
In the petition for administrative review, the owner contends in
substance that there is a visiting building superintendent "who
cleans the hallways, the street and arranges garbage disposal on
On July 28, 1992, DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
DHCR is authorized to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
The petition does not make clear whether it is the contention that
janitorial services were provided before the apartment was inspected
or before the order was issued, or whether the contention is that
janitorial services were provided following the issuance of the
Administrator's order. If it is the former, then the owner's
allegation is belied by the report of the DHCR inspector. If it is
the latter, then the order reducing the rent was nevertheless
correct when issued.
The owner may file a rent restoration application if the facts so
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 and Eviction Regulations, it
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