STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BL430210RO
Mark Greenberg Real Estate,
DOCKET NO.: AI430115B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on November 9, 1987 concerning the
housing accommodations known as 647 Second Avenue, New York,
New York, wherein the Rent Administrator determined a consolidated
complaint by various tenants of building-wide services decreases.
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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises. The Rent Administrator served a copy of the
tenants' complaint on the owner.
Thereafter, DHCR conducted inspections of the subject premises.
The inspector reported moderate peeling of paint and plaster in the
public areas of the subject premises, paint peeling and foot plates
(2) missing on the fire escapes, lack of access to the basement, a
boarded-up public area window, lack of access to the backyard,
bricks in need of pointing, lack of ventilation in public areas
because the vestibule door transoms had been boarded up, and dirty,
rusty and discolored tap water that was not drinkable. Other
services were found to have been maintained or restored.
The Rent Administrator directed restoration of these services and
further, ordered rent reductions. The regulated status of the
tenants was not known because the owner had not registered the
subject premises. Accordingly, the parties were advised to apply
the appropriate rent stabilization or rent control rules.
In this petition for administrative review, the owner argues, among
other things, that various conditions reported did not constitute
services decreases, that some conditions had been corrected, that
the conditions found did not warrant rent reductions, or that the
Rent Administrator exceeded his authority.
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
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. Pursuant to Section 2202.16 of the Rent and Eviction
Regulations, where it is found that the owner failed to maintain
essential services or other items previously provided. Required or
essential services may include, but are not limited to, painting,
heat, hot and cold water, elevator services, janitorial services
and removal of refuse. The Rent Administrator may order a rent
reduction for all rent controlled tenants, if the complaint was
signed by at least one rent controlled tenant.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order, which determined that the owner
was not maintaining required or essential services, based on
physical inspections of the subject premises confirming the
existence of various defective conditions for which rent reductions
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent reduction for
stabilization tenants 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,
and the Rent and Eviction Law and 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