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.: DC430323RO
Martin Lipkis Corp./ RENT ADMINISTRATOR'S
Morlan Associates, DOCKET NO.: CE430015B
1766 First Avenue
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely petition for
administrative review (PAR) against an order of the Rent
Administrator reducing the rent and directing restoration of
services based on a finding of failure to maintain services.
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.
Various tenants commenced this proceeding on April 16, 1988 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject building.
In an answer filed on June 21, 1988, the owner denied in
substance the allegations in the complaint and otherwise asserted
that services were being maintained and provided.
Thereafter,conducted by a DHCR staff member who confirmed that
the rear basement door was broken and was propped up with a metal
pipe; the basement had loose wires and debris.
By an order dated March 13, 1989, the Administrator directed
the restoration of services and ordered a reduction of the
In the petition for administrative review, the owner contends
in substance that the services were restored; that the remaining
defective conditions found by inspection were de minimisOn March 17, 1992, DHCR mailed a copy of the complaint to the
Thereafter, a physical inspection of the building was conducted on
October 26, 1992 by a DHCR staff member who confirmed that the
lighting in the public hallways was inadequate.
By an order dated December 4, 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 completed repairs were verified by DHCR on December
8, 1992 and that the complaining tenant no longer lives in the
building. The owner submitted no evidence to substantiate said date
of repairs or the tenant's non-residence in the building.
On March 8, 1993, DHCR mailed a copy of the petition to the tenant.
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 petition does not establish any basis to revoke or
modify the Administrator's determination based on the October 26,
1992 inspection which con