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.: CC220464RO
Shirley Cooperman, RENT ADMINISTRATOR'S
DOCKET NO.: BG220306S
PETITIONER PREMISES: 36 Plaza St.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 10, 1988 concerning the
housing accommodations relating to the above-described docket
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
The tenant commenced this proceeding on July 9, 1987 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment. The tenant mentioned, among the
items, including inadequate and fluctuating water pressure.
In answer, the owner asserted in substance that "all of the tenant's
complaints were taken care of by the superintendent."
On December 8, 1987, an on-site inspection of the subject apartment
was conducted by a DHCR staff member who confirmed that the entire
apartment is peeling paint and plaster; there is no hot water in the
apartment; the water pressure fluctuates; and the intercom is
The Administrator directed on February 10, 1988 the restoration of
services and ordered a reduction of the stabilized rent. The
Administrator enumerated the findings of the December 8, 1987
inspection, except for the fluctuating water pressure.
In the petition for administrative review, the owner contends that
the peeling and plaster was repaired in May 1987; that there is
always hot water; and that the intercom was completely repaired in
In answer, the tenant asserted that the peeling paint and plaster
and the hot water problem continue to exist; that the fluctuating
water pressure mentioned in his original complaint remains; and that
the intercom has been satisfactorily repaired.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied and that the Administrator's order
should be modified to add the inspection finding that the water
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The petition failed to rebut the Administrator's
determination that the owner was not maintaining required services
based on a December 8, 1987 physical inspection which confirmed the
existence of defective conditions, warranting a rent reduction.
However, the Administrator's order is modified to reflect the
inspection result concerning the existence of a fluctuating water
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, modified
in accordance with this Order and Opinion.
JOSEPH A. D'AGOSTA