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.:
ALSTATLEVINE REALTY, INC.
PETITIONER BA 510350-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 8, 1987 the above named petitioner-owner filed a
timely Petition for Administrative Review against an order of the
Rent Administrator issued September 3, 1987. The order concerned
housing accommodations known as Apartment 2-D located at 1795
Riverside Drive, New York, New York. The Administrator ordered a
rent reduction due to a diminution in services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On November 19, 1986 the subject-tenant filed an application for
a rent reduction based on the owner's alleged failure to maintain
services alleging, inter alia, kitchen drain obstructed and walls
cracked, bedroom electrical wiring exposed, bedroom electrical
switches defective, bedroom floor warped, hole in bathroom floor
and wall cracked, living room wall cracked, windows loose in all
rooms, kitchen window cracked and broken peep hole in apartment
On February 24, 1982 the owner interposed an answer to the ten-
ant's complaint wherein it alleged that the tenant was denying
the owner access to the apartment, that the kitchen drain was
fixed, that the bedroom switch and wiring would be fixed as well
as the bathroom floor. The owner further stated that the bedroom
floor was not warped, that cracked windows were immediately re-
placed and that the apartment was to be plastered and painted but
the tenant would not allow access.
On July 22, 1987 a physical inspection of the subject building
was carried out. The inspector found the following:
1. Apartment entrance door peephole is broken.
2. Windows throughout the apartment are loose; also
open space between sashes.
3. Bathroom floor tile is cracked and open.
4. Defective switch in apartment hall, outlets in
living room, bedroom, rear bedroom are defective.
5. Bedroom has exposed electric wiring along baseboard.
6. Apartment is peeling paint and plaster throughout
walls and ceilings.
The Administrator's order duly followed finding that a diminution
of services had occurred and reducing the tenant's rent to the
level in effect prior to the last rent guidelines increase which
commenced before the effective date of the rent reduction.
In its petition for administrative review the owner requests mod
ification of the Rent Administrator's order alleging that the
tenant is refusing access to the apartment.
In answer to the petition the tenant states that her apartment
was painted and the bathroom floor was repaired but not neatly
and all other defective conditions remain incorrect.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that, apart from the owner's own
statement, the owner has offered no evidence (e.g. copies of
certified letters to the tenant requesting access, statements of
contractors that access was refused, letters from the tenant,
etc...) to substantiate its contention that the tenant is
refusing access for the purpose of the effectuation of repairs.
Also, the tenant's concession that some repairs have been done
contradicts the assertion that the tenant doe not permit access
for repair. Accordingly, there is insufficient reason to disturb
the Rent Administrator's order.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
A tenant may apply to t e DHCR for a reduc-
tion 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 own r has failed to maintain ser-
Required services are defined in Section 2520.6(r) 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 July 22, 1987 and
that pursuant to Section 2523.4(a) 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 on the owner's
rights as they may pertain to an application to 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,
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby