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.: DC420153RO
(Refile of DB420146RO)
Abner Ackerman, RENT ADMINISTRATOR'S
DOCKET NO.: CA420445S
PETITIONER PREMISES: Apt. 44
201 East 30 St.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review (PAR)against an order of the Rent
Administrator concerning the housing accomodations related 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 January 7, 1988 by filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
In answer, the owner denied the allegations in the complaint and
otherwise asserted that essential services are being provided and
Thereafter, a physical inspection of the subject apartment was
conducted on November 29, 1988 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated January 12, 1989, the Rent Administrator directed
the restoration of services and ordered the reduction of the
maximum legal rent as follows:
(1) Missing bathroom shower head. $3.00
(2) Peeling paint and plaster
in the living room ceiling. $3.00
(3) Mice and roach infestation
throughout the apartment. $4.00
In the petition for administrative review, the owner contends that
the missing bathroom shower head was taken by the tenant, that the
peeling paint and plaster was caused by the overflow from the above
apartment, and that the owner provides regular exterminating
In answer, the tenant asserted in substance that defective
conditions still remain.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction when there has
been a decrease in essential services. The owner's petition does
not establish any basis for modifying or revoking the
Administrator's determination based on a November 29, 1988 physical
inspection which confirmed the existence of defective conditions in
the subject apartment, warranting a rent reduction.
The Commissioner notes that the owner's rent restoration
application (DB420103OR) was granted in part on July 17, 1989
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator' order be, and the same hereby is,
JOSEPH A. D'AGOSTA