BA 410229 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.: BA 410229 RO
Fred Ziess DISTRICT RENT ADMINISTRATOR
DOCKET NO.: ZLS 003987-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 14, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 12, 1986 by the District Rent Administrator, (Gertz
Plaza) concerning housing accommodations known as 225 East 10th
Street, New York, New York, Apt. 3B, wherein the Administrator
determined that certain services were not being provided or
maintained and as a result reduced the rent of the subject
The issue herein is whether the District Rent Administrator's
order was warranted.
The Commissioner has reviewed all of the evidence in the record
and had carefully considered that portion of the record relevant
to the issue raised by administrative appeal.
This proceeding was commenced on July 22, 1985 by the tenant's
filing of a complaint of decreases services wherein the tenant
alleged, in substance, that the air conditioner is defective and
inoperable; and that the owner is required to maintain all
appliances which it provides pursuant to her lease.
In response to the tenant's complaint, the owner submitted an
answer stating, in substance, that air conditioner service was
not listed in the 1984 apartment registration which the subject
tenant failed to timely challenge; and that no additional charge
for an air conditioner unit reflected in the tenant's rent.
On December 12, 1986 the Rent Administrator issued the order
hereunder review finding 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 the order.
In this petition the owner contends, in substance, that the
Administrator's order should be revoked because the conditions of
items for which the rent was reduced were not cited in the
In response the tenant stated, in substance, that it had only
complained about a defective air conditioner; and that it did not
BA 410229 RO
request a rent reduction but rather a restoration of service.
The Commissioner is of the opinion that this petition should be
A review of the record below establishes that the conditions of
items (bathroom was painted with paint that did not match
grouting around bathtub was repaired in an unworkmanlike manner,
defective windows throughout the apartment) for which the
Administrator reduced the rent were not cited in the tenant's
service complaint or confirmed by the DHCR inspectorial staff
Accordingly, the Commissioner is of the opinion and finds that
the basis for the Administrator's order was not warranted; and
thus said order must be revoked.
This order is issued without prejudice to the tenant's filing an
application for a rent reduction for any decrease in services, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, granted, and that the order of the Rent
Administrator be, and the same hereby is, revoked.
Note: The tenant may pay any arrears in rent resulting from this
order in 24 equal monthly installments.