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.:HI210146RO
Abraham Markowitz, RENT ADMINISTRATOR'S
212 South 3rd Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 4, 1993 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 June 24, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On July 9,1991, DHCR mailed a copy of the complaint to the owner.
On July 13, 1993, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
By an order dated August 4, 1993, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
In this petition, the owner contends in substance that he never
received a copy of the complaint.
DHCR mailed a copy of the petition to the tenant on October 16,
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
services. The claim that the owner was not aware of the complaint
is without merit: the Commisioner finds that on July 9,1991, DHCR
mailed a copy of the complaint to the owner, the same not being
returned unclaimed. The owner's petition does not establish any
basis to modify or to revoke the Administrator's determination based
on the July 13, 1993 physical inspection which confirmed the
existence of defective conditions, warranting a rent reduction.
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 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