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
APPEALS OF DOCKET NO.:
PETITIONER AK 110129-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW,
On August 21, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
24, 1987, by a Rent Administrator concerning the housing accommo-
dation known as 36-03 191st Street, Flushing, New York, Apartment
4-B, wherein the Administrator determined that certain services
were not being maintained and ordered a rent reduction.
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.
The tenant commenced this proceeding in October 1986 by filing a
complaint in which she listed numerous repairs required in her
apartment and requested a rent reduction.
In answer to the complaint, the owner denied that any repairs were
A physical inspection of the apartment on February 24, 1987 by a
DHCR employee revealed that no heat was being provided, that the
windows throughout the apartment are cracked and the window panes
are shaky and loose, allowing air seepage, and the kitchen storm
windows are cracked. Other conditions were found to have been
The Administrator's order reduced the rent based on the conditions
cited in the inspector's report.
In the petition for administrative review, the owner submits copies
of Administrator's orders issued in two other proceedings involving
the same tenant; one denying a complaint based on an inspection on
December 9, 1986 which disclosed adequate heat and hot water and
the other saying that it is a duplicate of the first.
In answer to the petition, the tenant asserts that she was not
served with a copy of the petition but that repairs have not been
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petition should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, 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 has failed to maintain required
Required services are defined in Section 2520.6(r) to include
repairs, maintenance, and heat.
In the instant case the physical inspection confirmed the existence
of conditions cited in the tenant's complaint that had not been
repaired, including inadequate heat. The owner's petition does not
provide any basis for modifying or revoking the rent reduction
ordered by the Administrator.
The orders submitted by the owner refer to a heat and hot water
complaint that was denied based on an inspection in December 9,
1986. The inspection in the instant case was conducted more than
two months later and therefore supersedes the earlier one. It also
revealed other conditions besides inadequate heat requiring repair
for which a rent reduction is warranted.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner