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.:GE610133RO
3300 Co./ Jacob Zinns et al., RENT ADMINISTRATOR'S
3300 Netherland 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 April 1, 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 September 16, 1991 by filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
In an answer filed on October 16, 1991, the owner requested an
extension of time to address the tenant's complaint.
On February 12, 1992, a physical inspection of the subject apartment
was conducted by a DHCR staff member who confirmed the existence of
defective conditions relating to the following: the refrigerator and
freezer temperature, the window sash and frame in the living room,
the master antenna, vermin control, and the screens in bedroom 1.
By an order dated April 1, 1992, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that it is
reviewing its files and is reserving the right to supplement the
In answer, the tenant asserted that the defective conditions
continue to exist; that the owner's petition has neither argument
nor evidence; and that any supplement to the petition should be
served on the tenant for rebuttal.
As of the writing of this Order and Opinion, the owner has not
submitted any supplement to the petition.
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
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain services.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the February 12,
1992 physical inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The Commissioner notes that despite more than ample opportunity to
do so, the owner raised no valid issue in its petition for review of
the Administrator's determination.
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, affirmed.
LULA M. ANDERSON