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.:
Seymour Moslin Asociates, Inc./ RENT ADMINISTRATOR'S
Cornelia Feigl, DOCKET NO.:
645 W. 160th Street
PETITIONER New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review against an order issued on July 1, 1992 by the Rent
Administrator denying the owner's application to restore rent based
on the continued existence of defective conditions.
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 administrative appeal.
The owner commenced this proceeding on June 13, 1991 by filing an
application to restore rent based on the restoration of services.
In answer, the tenants stated that defective conditions continue to
On December 16, 1991, a physical inspection was conducted by a DHCR
staff member who confirmed the continued existence of defective
By an order dated July 1, 1992, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that repairs were performed. Attached to the petition
were copies of paid bills and statements indicating work subsequent
to the issuance of the order being appealed from.
DHCR mailed copies of the petition to the tenants.
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 where it is found that an owner
has failed to maintain required services. Section 2202.16 of the
Rent and Eviction Regulations contains similar provisions.
The owner's petition does not establish any basis for revoking the
Administrator's order, which determined that the owner was not
maintaining services based on a December 16, 1991 physical
inspection confirming the continued existence of defective
conditions in the building for which a rent reduction is warranted.
The owner alleges that the defective conditions were corrected
subsequent to the issuance date. Accordingly, the determination was
in all respects proper and is hereby sustained.
The Commissioner notes that another application by the owner to
restore rent (GK530081OR) was denied on December 15, 1993.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
Rent and Eviction Regulations 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,
JOSEPH A. D'AGOSTA