DOCKET NUMBER: AJ 210481-RO
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.: AJ 210481-RO
DRO DOCKET NO.: KS 002941-S
MANAGEMENT CO. PETITIONER :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 24, 1986, the above-named owner filed a Petition for
Administrative Review of an order issued on September 26, 1986, by a
District Rent Administrator concerning the housing accommodation known as
Apartment 1D, 1370 51st Street, Brooklyn, New York wherein the
Administrator determined that a reduction of services had occurred ordered
a rent reduction and that services be restored.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for administrative review.
On June 8, 1985 the subject tenant, filed a complaint of a reduction in
services further seeking a rent reduction based thereon. The tenant
alleged, inter alia that: the living room floor was loose in the middle of
the room; the bedroom walls were cracked and peeling paint and plaster;
the wall next to the bedroom window was blistered and discolored due to
On September 5, 1985 the owner interposed an answer to the tenant's
complaint alleging that the apartment was by then in "perfect condition",
as it was plastered, painted and carpeted.
The tenant responded on October 21, 1985 that the work was poorly done,
and the apartment was still a mess. The tenant said the only thing the
owner did was to replace a falling wall, and cover a hole in the kitchen
floor with carpeting.
On June 17, 1986 a physical inspection of the subject housing
accommodations was conducted by the DHCR. The inspector's report
confirmed existence of the complained of conditions.
On September 26, 1986 the Rent Administrator issued the order hereunder
review finding that a diminution of services had occurred and reducing
the tenant's rent to the level in effect prior to the last rent guidelines
increase commencing before the effective date of this order.
In its petition, dated October 24, 1986, the owner contends that the
problem with the livingroom floor had never been brought to its attention
by the tenant, but that it would repair it to the tenant's satisfaction.
The petition also contends that the bedroom wall has been satisfactorily
DOCKET NUMBER: AJ 210481-RO
The Commissioner is of the opinion that his petition should be denied.
Section 2523.4 of the Rent Stabilization Code provides in pertinent part
that a tenant may apply to the Division of Housing and Community Renewal
(DHCR) for a reduction of the legal regulated rent to the level in effect
prior to the most recent guidelines adjustment, and DHCR shall so reduce
the rent for the period for which it is found that the owner failed to
maintain required services.
In the instant case, a review of the record, which included the results of
a physical inspection conducted at the subject premises, reveals that the
owner failed to maintain services. Accordingly, the Commissioner finds
that the District Rent Administrator's determination that the owner failed
to maintain services was warranted and that the Administrator properly
reduced the tenant's rent.
With regard to the owner's contention that the tenant had never mentioned
the problem with the living room floor, the record establishes that the
owner was served with the complaint, which provided due notice of the
problem. Subsequently, more than nine months elapsed before a DHCR
inspection confirmed that the repairs were still not made. The owner's
claim that repairs have since been completed to the tenant's satisfaction
is not corroborated in the record.
This Order and Opinion is issued to the owner's right to file an
application with the Division for a restoration of rent based upon a
restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and the
District Rent Administrator's order be, and the same hereby is, affirmed.