STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CG110092RO
DOCKET NO.: BL110084OR
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 6, 1988 concerning the housing
accommodation known as 149-43 35th Avenue, Apt. 4D, Flushing, N.Y.
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 owner commenced the proceeding below by filing a rent
restoration application asserting that all repairs had been done to
correct the conditions for which the rent was reduced in Docket No.
In an answer, the tenant asserted that all required repairs had not
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector on March 18, 1988 who confirmed the existence
of the following defective conditions: Water seepage and peeling
paint and plaster from ceilings throughout the apartment. The
kitchen floor's molding is loose and coming apart. The apartment
door knob is loose and shaky.
The Rent Administrator denied the owner's application.
In its petition for administrative review, the owner states, in
substance, that the apartment was painted in May of 1988, and the
kitchen floor molding and apartment door knob was repaired on
June 24 and 27, 1988.
The DHCR served a copy of the petition the tenant on September 14,
The tenant's answer to the notice states that the peeling paint and
plaster on the ceilings are in the process of being repaired.
However, the apartment door knob still remains loose. The tenant
would like a licensed professional locksmith to examine and repair
it this time.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a rent
reduction is warranted based on a finding that the owner has failed
to maintain required services and remains in effect until it is
established that all services are restored. The owner's petition
does not establish any basis for modifying or revoking the
Administrator's order which determined that the owner was not
maintaining required services based on a physical inspection
confirming the existence of defective conditions in the subject
apartment for which a rent reduction is warranted. By the owner's
own statement in the petition, the repairs to the apartment were
not done until after the order denying rent restoration was issued.
The Division's records indicate that a subsequent rent restoration
application was also denied (EL110252OR).
The owner may file another rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA