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.:
MIKE SCOTT/JOSE CARO, DOCKET NO.:
PREMISES: 174 E. 85 St.
PETITIONERS Apt. C-1, New York, NY
ORDER AND OPINION REMANDING PROCEEDING
The above-named tenants filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issues raised
by the petition.
The tenants commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. Attached to the tenants' complaint was a
copy of an order which stated that the apartment was expelled from
the Rent Stabilization Association and established the maximum
In its answer, the owner denied the allegations set forth in the
tenants' complaint or otherwise asserted that all required repairs
had been or would be completed.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services and
further ordered a guideline reduction of the stabilization rent.
In the tenants' petition for administrative review, the tenants
state, in substance that services are deficient, and that the rent
should be much lower.
After careful consideration, the Commissioner is of the opinion
that the petition should be remanded to the Rent Administrator to
determine the apartment status and if rent controlled, assign a
dollar amount for each service deficiency listed in the Adminis-
The evidence of record indicates that the subject apartment became
rent controlled pursuant to an expulsion from the Rent
Stabilization Association and if still rent controlled, the rent
reduction for the failure to provide essential services should,
pursuant to Section 2202.16 of the Rent and Eviction Regulations,
reflect the amount which the Administrator finds to be the reduc-
tion in the rental value because of the decrease in services.
THEREFORE, in accordance with the provisions of the Chapter 403,
Laws of 1983 as amended by Chapter 102, Laws of 1984 and Opera-
tional Bulletin 84-1, it is,
ORDERED, that this appeal be, and the same hereby is, granted to
the extent of remanding this proceeding to the Rent Administrator
for further processing in accordance with this Order and Opinion.
The order and determination of the Rent Administrator remains in
full force and effect until a new order is issued upon remand.
However, if the Rent Administrator's order retroactively adjusted
the rent and directed a refund of monies between the parties, so
much of the Rent Administrator's order as directed such refund is
hereby stayed until a new order is issued upon remand.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
TO : Renee Siboni
Rent Administrator/Tenant Services
FROM : Alice Ryen
Director Administrative Review
DATE : October 23, 1992
RE. : Administrative Appeal Docket No.: BF 410299-RT
D.R.O. Docket No.: LC 004331-S
Subject Premises: 174 East 85th St., Apt. C-1, N.Y., NY
This proceeding is being remanded for the following
To determine the apartment status
and if rent controlled, equate the
dollar amount for each service
deficiency listed from the Admin-