DOC NO.: BJ 210129-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BJ 210129-RO
HELEN DAVIS, : RENT ADMINISTRATOR'S
PETITIONER : DOCKET NO. BA 210115-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 2, 1987, the above-named owner filed a petition for
administrative review of an order issued on September 1, 1987, by a
Rent Administrator concerning the housing accommodation known as
Apartment #19, 187 Rochester Avenue, Brooklyn, New York wherein a
reduction in services was found and the rent was reduced effective
March 1, 1987.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
On January 14, 1987 the tenant filed an application for a rent
reduction because of the owner's failure to maintain the following
services: no intercom at entrance door; a paint job is needed; the
apartment door needs repair; the bathtub is not attached to the wall;
and there are roaches and mice in the apartment.
On February 25, 1987 the owner responded that there never was an
intercom in the house; the painting was not yet due since the tenant
was there less than three years; the apartment door and bathtub have
been repaired; and an exterminator comes to the building monthly. The
owner enclosed, in support of its statements, a letter from the
exterminator, who indicated that he gave "special attention" to the
subject apartment on February 13, 1987.
On June 23, 1987 a physical inspection of the subject apartment was
carried out by the Division of Housing and Community Renewal (DHCR).
The inspector, in his report, noted that there was no intercom system
in the building; the apartment door bell is defective; the bathroom
ceiling and walls have been plastered and painted; the apartment front
door needs repair; the apartment door lock is broken; the bathroom tub
was repaired; and there was evidence of mice and roach infestation in
the apartment.
DOC NO.: BJ 210129-RO
On September 11, 1987 the Rent Administrator issued the order here
under review, finding that diminution of services had occurred and
reducing the tenant's rent to the level in effect prior to the last
rent guideline increase which commenced before the effective date of
the rent reduction.
In its petition for administrative review the owner requests reversal
of the order, and encloses for the first time a letter signed by the
tenant stating that "the apartment was painted and fixed up to date by
the landlord." This document was dated June 1, 1987.
After careful consideration the Commissioner is of the opinion that
this petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code:
A tenant may apply to the DHCR for a reduction of
the legal regulated rent to the level in
effective 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.
Required services are defined in Section 2520.6 to include repairs and
maintenance.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the on-
site physical inspection conducted on June 23, 1987. Pursuant to
Section 2523.4 of the Code, the Administrator was mandated to reduce
the rent upon determining that the owner had failed to maintain
services.
This Order and Opinion is issued without prejudice to the owner's
rights, when services have been restored, to file an application with
the Division for a restoration of rent based upon the restoration of
services.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it
is
DOC NO.: BJ 210129-RO
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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