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. BF 410230 RO
: DRO DOCKET NO. ZAH 410556-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 30, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 210 West 78th Street, New York, New York, Apartment No.
9D, wherein the Rent Administrator determined that the owner had
failed to maintain services and accordingly reduced the rent of
the subject accommodation.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2523.4 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order
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.
This proceeding was originally commenced in August 1986, by
the filing of an Individual Tenant Statement of Complaint in which
the tenant stated in substance that the bedroom walls are cracked,
the ceiling is discolored and waterstained, the closet ceiling is
cracked and peeling paint, the master bedroom has cracked window
panes and the bathroom walls and ceiling are cracked and peeling
paint. In his complaint, the tenant checked the box asking for a
In a response to the tenant's complaint dated September 4,
1986, the owner stated in substance that it is doing everything
possible to maintain services, that the Board of Directors of the
cooperative corporation has been soliciting bids to have painting
and roof work done and that the work will proceed shortly.
An inspection was held at the subject accommodation on
November 21, 1986. Such inspection disclosed that the bedroom
walls and ceilings are cracked and discolored and there is
evidence of a leak, the closet ceiling is cracked, discolored and
BF 410230 RO
peeling paint, the master bedroom has two cracked window panes and
that the bathroom walls and ceiling have cracks and peeling paint.
In Order Number ZAH 410556-S, the REnt ADministrator determined
that, based upon the physical inspection, service decreases had
occurred in the subject accommodation and reduced the rent to the
level in effect prior to the most recent guideline adjustment
effective October 1, 1986.
In this petition, the owner alleges in substance, that the
Rent ADministrator should have notified the owner as to the
inspection date and as to the inspection results, that in his
original complaint, the tenant never requested a rent reduction,
that repairs were made to the roof in October 1986, and additional
repair work was performed in January and February, 1987.
In response to the owner's petition, the tenant stated in
substance that all repair work has yet to be completed.
The Commissioner is of the opinion that this petition should
Section 2523.4 of the REnt Stabilization Code provides in
pertinent part that a tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in effect prior to the
most recent guidelines adjustment, and the DHCR shall so reduce
the rent for the period for which it is found that the owner ha
failed to maintain required services.
In the instant case, the evidence of record including a
physical inspection, disclosed that required repairs were not
made. The inspection report is of more probative value than the
owner's mere allegation in this case that some repair work was
effectuated. Contrary to the owner's contentions on appeal, there
is no requirement that an owner be notified of the date an
inspection is scheduled or of inspection results. The owner
herein was duly notified of the tenant's complaint and given an
adequate opportunity to make all required repairs prior to the
inspection. That is all that due process requires. In addition,
contrary to the owner's contention, the tenant herein duly checked
off the box requesting a rent reduction in his original complaint.
Accordingly, the Rent Administrator's order was warranted.
This order is issued without prejudice to the owner's right
to file an application for a rent restoration when all required
repair work has been completed.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
BF 410230 RO
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BF 410230 RO
DRO Docket No/Order No.: ZAH 410556-S
Tenant(s): Peter Barreto
Owner: Armora Associates
Code Section: 2523.4 of RSC
Premises: 210 West 78th Street, New York, New York, Apt. 9D
Order and Opinion Denying Petition
Petition denied on basis physical inspection disclosed
required repairs were not made.
Mailed copies of Order and Determination to:
Date: : by