BL 110017 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.: BL 110017 RO
LAUREL ARMS MANAGEMENT DISTRICT RENT
NO.: BB 110526 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 7, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 4, 1987. The order concerned
housing accommodations known as Apt. C19 located at 41-41 43rd
Street, Sunnyside, N.Y. wherein the Administrator ordered a rent
reduction for failure to maintain required or essential services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on February 10, 1987. In
that complaint, the tenant attached a check-off list of services
deficiencies including: failure to paint, peeling paint and
plaster, defective kitchen switches and problems with hot and
cold water in bathroom. In answer to the complaint, the owner
stated that the complaint was "baseless having no specific
allegation as required" by the DHCR.
The Administrator ordered a physical inspection of the
apartment, which was held on August 4, 1987 and October 15, 1987.
The inspector reported certain services deficiencies in the
apartment. The Administrator issued the order here under review
on November 4, 1987 wherein a rent reduction was ordered based on
the inspector's report. The rent was subsequently ordered
restored (see Docket No. DF 110011 OR effective July 12, 1989).
On appeal, the owner states that the specific list of
problems in the apartment was not served on it and that repairs
to the apartment have been completed. The tenant filed a
response on January 28, 1988 and stated that repairs had not been
made with regard to all items.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
The Commissioner notes that, on September 21, 1991, an Order
and Opinion Denying Petitions for Administrative Review was
issued in twelve proceedings (see Docket No. BJ 110181 RO et.
al.). In that order, the Commissioner considered and rejected
the exact argument petitioner raises herein with regard to twelve
other service reductions ordered in the same building. The
decision in those proceedings mandates that the owner's defense
must be rejected herein. The order here under review is
THEREFORE, pursuant to the Rent Stabilization Law and Code,
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner