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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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Ann Bendick Realty Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.:
BG110866S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 3, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on April 12,
1988, by the the Rent Administrator, concerning the housing
accommodation known as 171-06 28th Avenue, Bayside, N.Y., Apt A,
wherein the Administrator determined that a reduction in rent was
warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
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.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On July 8, 1987, the tenant filed a complaint alleging that the
windows throughout the apartment are in a state of disrepair and
are inoperable.
The owner filed an answer to the complaint alleging that the
windows are repairable and that it would repair them on November 2,
1987, if the tenant consents to paying an extra $3.75 per window,
per month.
A DHCR inspection conducted on February 17, 1988, revealed that the
windows in the subject apartment were severely defective.
On appeal, the petitioner-owner asserted, in pertinent part, that
it mailed an answer by certified mail to the DHCR on October 28,
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1987. A copy of the answer was appended to the petition.
The petition was served on the tenant on July 14, 1988, and on July
25, 1988, the tenant filed an answer to the petition stating that
the owner has not repaired the windows and that the work that was
done was ineffectual and unworkmanlike.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of Rent Stabilization Code, a tenant
may apply to the Division of Housing and Community Renewal (DHCR)
for 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.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner has reviewed the owner's petition on appeal and
finds it to be unreponsive to the issues at bar. The petition
failed to raise any issue whatsoever about the Rent Administrator's
order of April 12, 1988. The Rent Administrator based its rent
reduction on the evidence in the file, including the results of an
inspection held on February 17, 1988, which showed that the windows
throughout the apartment were severely defective. The owner's
petition failed to allege; nor did it submit evidence showing that
the windows were repaired prior to the issuance of the appealed
order.
If it is petitioner's contention that it was under no duty to
repair the windows until the tenant agreed to pay a rent increase,
then the Commissioner must reject this argument. The tenant is
entitled to all repairs and services provided on the base date or
thereafter.
The Commissioner notes that the owner's answer of October 27, 1987,
was considered by the Administrator and that the appealed order was
not based on the owner's default.
Accordingly, 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
February 17, 1988, 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.
Upon a restoration of services the owner may separately apply for
a rent restoration.
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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 provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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