BG 120037 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. BG 120037 RO
: DRO DOCKET NO. ZAH-120901-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 23, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on June
17, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
170-49 Cedarcroft Road, Jamaica, New York, Apartment No. 1A,
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
and that the bathroom floor is in need of repairs.
In a September 5, 1986 response to the tenant's complaint,
the landlord stated inter alia that the apartment has been
painted and repaired.
On May 6, 1987, a physical inspection was conducted at the
subject apartment. Such inspection indicated that the living room
ceiling is peeling paint, that the bathroom floor is missing tiles
around the riser, that the bathroom door is missing a saddle, and
that the bathroom ceiling has been repaired in an unworkmanlike
manner - the ceiling is uneven and starting to crack and blister.
BG 120037 RO
In Order Number ZAH-120901-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 the
apartment was painted on September 4, 1986 so that a rent
reduction was not warranted.
In answer to this petition, the tenant stated in substance
that all repairs have not been completed.
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 the
physical inspection conducted on May 6, 1987, discloses that
service decreases had occurred in the subject apartment. The
landlord's contention that repairs were made on September 4, 1986
is belied by the Division inspection which was held subsequent to
the repair date given by the landlord. Accordingly, the Rent
Administrator's order reducing the rent was warranted.
This order is issued without prejudice to the owner's filing
of an application to restore the rent due to a restoration of
services if the facts so warrant.
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.
BG 120037 RO