BI 410291 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. BI 410291 RO
: DRO DOCKET NO.ZBD-510268-S
J. WILLIAM JAFFE
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 4, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on August
3, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
408-410 W. 130th Street, New York, New York, Apartment No. 41,
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 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 in April 1987, by
the filing of an Individual Tenant Statement of Complaint in which
the tenant listed a variety of service decreases in the subject
In answer to the complaint, the owner stated in substance
that he is in the process of making various repairs and that the
tenant has agreed to paint the subject apartment.
An inspection was held at the subject apartment on May 15,
1987. Such inspection disclosed that the subject apartment needs
to be painted, that the kitchen wall has a hole behind the sink,
that there is rodent infestation in the kitchen, that the kitchen
baseboard is separated from the floor, that the kitchen cabinet is
rusted at the bottom, that window guards are missing from the
windows, that the bathroom wash basin leaks, that one door of the
refrigerator crisper bin is missing, and that the hallway
baseboard is separated from the floor.
BI 410291 RO
In Order Number ZBD-510268-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
adjustment effective May 1, 1987.
In this petition, the owner alleges in substance that the
tenant does not cooperate in allowing the repair work to be done,
that the tenant has agreed to paint and the owner will reimburse
the tenant for painting, that the tenant did not specifically
complain about the refrigerator bin in her original complaint,
and that the tenant has an illegal washing machine, a non approved
window gate leading to the fire escape and an illegal double lock
cylinder on the entrance door.
In response to the owner's petition, the tenant stated in
substance that the owner is now having the required repair work
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.
In the instant case, the evidence of record including a
physical inspection disclosed that service decreases had occurred
in the subject apartment. Accordingly, the Rent Administrator's
order was warranted.
It is noted that the owner did not raise the contention of
lack of access in the proceeding before the Rent Administrator and
that this contention cannot be considered for the first time on
appeal. It is further noted that in the tenant's original
complaint, the tenant listed trouble with the refrigerator upper
compartment. The Commissioner is of the opinion that this
allegation was sufficient to put the owner on notice regarding the
need to have the refrigerator repaired. Finally, the fact that
the tenant may have an illegal washing machine, window gate and
double lock cylinder has no bearing on whether the owner is
providing required services in the subject apartment. Of course
the owner is not precluded from instituting an appropriate court
proceeding to have these items removed from the subject apartment.
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
BI 410291 RO
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.