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.: DD510063RO
EDWARD SISTERS REALTY
DOCKET NO.: CL510058HW
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
known as 109 West 130th Street, Apt# 4F, New York, NY.
The Commissioner had 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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. The owner did not file an answer to the
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed that heat service was inadequate.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent.
In its petition for administrative review, the owner denies the
inspection findings and asks for a copy of the inspection report
and a hearing.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent & Eviction Regulations, the
Administrator may order a rent reduction, upon application by a
tenant, where it is found that an owner had failed to maintain
required services. The Owner's petition, which denied the
inspector's findings, does not establish any basis for modifying or
revoking the Administrator's order which determined, that the owner
based on a physical inspection, was not maintaining required
services, and confirmed the existence of defective conditions in
the subject apartment for which a rent reduction is warranted.
The owner may file a rent restoration application if the facts so
THEREFORE, in accordance with the City Rent Law & the Rent &
Eviction Regulations, 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