BF 420247 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. BF 420247 RO
: DRO DOCKET NO. ZAI-420324-S
WADSWORTH AVENUE REALTY CORP.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 12, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on May
8, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
123 Wadsworth Avenue, New York, New York, Apartment No. 21,
wherein the Rent Administrator determined that the owner had
failed to maintain services and accordingly reduced the rent of
the subject apartment.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2202.16 of the Rent and Eviction Regulations
for New York City.
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 by the filing of a
Tenant's Application for a Decrease in Rent in which the tenant
stated inter alia that the subject apartment needs to be painted,
that there is no hot water pressure in the bathroom shower and
that she needs two storm windows, one in the living room and one
in the bedroom.
In a October 23, 1986 response to the tenant's complaint, the
landlord stated inter alia that the apartment has been painted,
that the hot water pressure is up to par and that the landlord
does supply storm windows.
On January 28, 1987, a physical inspection was conducted at
the subject apartment. Such inspection indicated that the first
and second bedrooms require painting throughout, that there is low
water pressure in the bathroom shower head and that the first
bedroom and the living room have missing storm windows.
BF 420247 RO
In Order Number ZAI-420324-S, the Rent Administrator
determined that, based upon the physical inspection, service
decreases had occurred in the subject apartment and reduced the
rent by $12.00 per month effective the first rent payment day
following the issuance of the Rent Administrator's order.
In this petition, the landlord alleges in substance that in
May 1987 it painted the two bedrooms and fixed the low water
pressure, but that it does not supply storm windows and does not
recall ever doing so.
In answer to this petition, the tenant stated in substance
that all repairs have been completed except for one storm window.
The Commissioner is of the opinion that this petition should
Section 2202.16 of the Rent and Eviction Regulations for New
York City provides in pertinent part that if the landlord fails
to maintain services, the Administrator may order a decrease in
the maximum rent in an amount which the Administrator in his
discretion may determine.
In the instant case, the evidence of record including a
physical inspection discloses that service decreases had occurred
in the subject apartment. Moreover in the proceeding before the
Rent Administrator, the landlord, contrary to its position on
appeal, stated that it did supply storm windows. Accordingly, the
Rent Administrator's order reducing the rent was warranted.
With regard to the landlord's contention that repairs have
now been effectuated, this order is issued without prejudice to
the owner's filing of an application to restore the rent due to a
restoration of services.
THEREFORE, in accordance with the provisions of the Rent
and Eviction Regulations for New York City, it is
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.
BF 420247 RO