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.: CG110017RO
Rey-Cal Realty Corp./ RENT ADMINISTRATOR'S
Ramon Reyes DOCKET NO.: BK110410S
PETITIONER PREMISES: 88-06 Parsons Blvd.
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 15, 1988 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 this administrative appeal.
This proceeding was commenced on November 6, 1987 by the tenant
filing a complaint asserting that the owner failed to maintain
various services in the subject apartment.
In answer, the owner denied the allegations and otherwise asserted
that "the true intent of these complaints is to stop any MCI filed";
and that defective conditions were already "repaired or scheduled
for repair within the next 30 to 45 days".
A physical inspection of the subject apartment was conducted on
April 1, 1988 by a DHCR staff member who confirmed the existence of
By an order dated June 15, 1988, the Administrator determined that
the freezer door of the refrigerator was missing; the ignition tube
of the oven was out of place; the left storage compartment of the
oven was rusty; two (2) electrical outlets in the living room were
defective; the bathroom ceiling light was inoperative; and there was
vermin infestation in the apartment. The Administrator directed the
restoration of services and reduced the stabilized rent.
In the petition for administrative review, the owner contends that
repairs were performed or are being scheduled; that the tenant
refused to confer with the owner to hasten repairs; and that a
hearing is requested.
On August 22, 1988, DHCR mailed a copy of the petition to the
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 required
The Administrator's determination was based on the entire record
including the results of the physical inspection on April 1, 1988.
The owner's petition fails to rebut the finding of defective
conditions which warrant a rent reduction. The contentions in the
petition are unsubstantiated; and no hearing is necessary when the
results of the physical inspection were clear, convincing and
unrebutted. Accordingly, the determination was in all respects
proper and is hereby sustained.
The Commissioner notes that the rent restoration application
(EL110071OR) was granted on April 30, 1991.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon isuance of this Order
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied,
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA