BI 430294 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 430294 RO
: DRO DOCKET NO.ZAL-430012-B
ARMAND A. CHIOFALO
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 28, 1987, the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
September 1, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 142 West 4th Street, New York, New York, Various
Apartments, wherein the Rent Administrator determined that the
owner had failed to maintain services and accordingly reduced the
rent of the subject apartments.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2523.4 of the Rent Stabilization Code and
Section 2202.16 of the Rent and Eviction Regulations for New York
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 December 1986, by
the filing of a Statement of Complaint of a Decrease in Building
Wide Services in which the tenants stated inter alia that the
public hallways were dirty and that there was a lack of building
In an answer to the complaint filed on January 9, 1987, the
owner stated in substance that the superintendent on the premises
keeps the building clean, that the front doors are kept locked and
that the buzzer system is operable.
An inspection was held at the subject premises on February 4,
1987. Such inspection disclosed that the public halls were dirty
and that the entrance door to the building was unlocked.
In Order Number ZAL-430012-B, the Rent Administrator
determined that, based upon the physical inspection, service
BI 430294 RO
decreases had occurred in the subject premises and reduced the
rent to the level in effect prior to the most recent guideline
adjustment effective February 1, 1987 for the one rent stabilized
tenant joining in the complaint and reduced the rents of all the
rent controlled tenants by $6.00 per month effective the first
rent payment date following the issuance of the Rent
In this petition, the owner alleges in substance that he was
not notified of the proceeding; that the building is kept clean;
and that the front doors are kept locked.
The Commissioner is of the opinion that this petition should
With regard to the rent stabilized tenant, 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.
With regard to the rent controlled tenants, 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 disclosed that service decreases had occurred
in the subject apartments. Accordingly, the Rent Administrator's
order was warranted.
The owner's contentions that the building is kept clean and
that the entrance door is kept locked is belied by the report of
the agency inspector. In addition, the owner's contention that he
was not notified of the proceeding is belied by the fact that the
owner filed an answer to the tenants' complaint.
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
Stabilization Law and Code, and the Rent and Eviction Regulations
BI 430294 RO
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.