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.: BF110054RO
JRD MANAGEMENT CORPORATION
DOCKET NO.: AJ110170S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 3, 1987, the above-named petitioner-owner filed a petition
for administrative review of an order issued on May 13, 1987 by the
Rent Administrator, concerning the housing accommodation known as
155-01 90th Avenue, Apt. #2B, Jamaica, New York, wherein the
Administrator determined that the owner was not maintaining
required services, directed restoration of such services, and
ordered a rent reduction.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The record reveals that the tenant filed a complaint on October 16,
1986 in which she alleged that the new replacement windows
throughout the apartment are defective, that there were also
screens and venetian blinds that were not replaced, there is mice
and rodent infestation, and that the bathroom ceiling is cracked
In an answer to the complaint dated November 14, 1986, the owner
stated that work was scheduled to be done in the tenant's apartment
on November 13 and 14 but the tenant did not provide access and
that new appointments have been rescheduled for November 19 and 20.
The owner also stated that regular exterminating service is
provided pursuant to a contract with Circle Exterminating.
A physical inspection by DHCR was scheduled for February 17, 1987.
The inspector reported that new windows had been installed but none
have screens, that there are blinds provided by the tenant, that
exterminating service is being provided but there are signs of
infestation, and that the bathroom ceiling had been repaired.
Based on this inspection, the Rent Administrator issued the order
appealed herein citing the absence of screens and infestation of
rodents and vermin as the basis for the rent reduction.
In the petition for administrative review, the owner asserts that
screens were never provided, that the tenant does not permit access
for the purpose of making repairs, and that a rent reduction has
already been granted to the tenant for the same conditions.
The petition was served on the tenant on October 15, 1987. The
tenant responded and denied that she has refused access.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
Section 2523.4 of the Rent Stabilization Code requires DHCR to
order a rent reduction upon application by a tenant where it is
found that the owner has failed to maintain required services.
Section 2520.6 (r) defines required services as those services
provided on the applicable base date and thereafter, including
repairs, decorating and maintenance, the furnishing of light, heat,
hot and cold water, elevator services, janitorial services and
removal of refuse.
The physical inspection in the instance case confirmed the tenant's
allegations regarding the absence of screens and the infestation of
mice and roaches and for these conditions a rent reduction is
The owner's unsupported allegation that screens are not a required
service is raised for the first time in the petition and, pursuant
to Section 2529.6, is beyond the scope of review of this
administrative review proceeding.
Moreover, the existence of another rent reduction order for
infestation does not require modification or revocation of the
instant order. Effective exterminating services must be provided
on an ongoing basis and a determination regarding this service at
one point in time does not preclude a subsequent determination on
the same issue at a later date.
The Division's records reveal that the owner's rent restoration
application (Docket No. BF110003OR) was granted in April 7, 1988.
The automatic stay of the retroactive portion of the rent abatement
that resulted by the filing of this petition is vacated upon
issuance of this order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be and the same hereby is denied and
the Rent Administrator's order be and the same hereby is affirmed.
JOSEPH A. D'AGOSTA