BH 210279 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. BH 210279 RO
: DRO DOCKET NO. ZBC-210005-S
SICHERMAN MANAGEMENT CO.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 27, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
27, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
85 Crooke Avenue, Brooklyn, New York, Apartment No. 16, wherein
the Rent Administrator determined that the owner had failed to
maintain services and accordingly reduced the rent of the subject
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 by the filing of an
Individual Tenant Statement of Complaint in which the tenant
stated inter alia that floor tiles were torn up and not replaced
and that two dining room doors with glass were torn out by a prior
tenant in 1973 and never replaced.
In response to the tenant's complaint, the owner stated in
substance that the kitchen floor is in good condition and that
since the dining room doors were not present when the tenant first
rented the apartment, she is not entitled to them now.
An inspection was held at the subject apartment on May 18,
1987. Such inspection disclosed that the dining room doors are
missing and that approximately 24 hallway floor tiles are missing.
In Order Number ZBC-210005-S, the Rent Administrator
determined that, based upon the physical inspection, service
decreases had occurred in the subject apartment and reduced the
rent to the level in effect prior to the most recent guideline
BH 210279 RO
adjustment effective April 1, 1987.
In this petition, the owner alleges in substance, that the
dining room doors are not a requires service since they were not
there when the tenant first rented the apartment in 1973 and that
the owner replaced kitchen floor tiles for the tenant and at the
time of such replacement, no hallway floor tiles were missing so
that the tenant must have removed the floor tiles from the
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 has
failed to maintain required services. Section 2520.6(r) defines
required services as those the owner was maintaining or required
to maintain on the applicable base date.
In the instant case, the evidence of record including a
physical inspection, disclosed that required repairs were not
made. The owner has submitted no evidence to establish its
contention that the tenant removed floor tiles from the hallway of
the subject apartment. In addition providing dining room doors
was a service the owner was required to maintain on the base date
since such doors were an integral part of the dining room. The
fact that the owner did not actually provide such doors on the
base date does not excuse it from the necessity to replace the
doors upon the complaint of the tenant herein. Accordingly, the
Rent Administrator's order was warranted.
The Commissioner notes that the owner's application for
rent restoration was granted on July 1 , 1989 under docket CK-
210063-OR since all repair work was completed.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, 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.
BH 210279 RO