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.: CF620196RO
Simol Realty Company, : RENT ADMINISTRATOR'S
DOCKET NO.: BI620359S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 1520 Thieriot Avenue, Apt. B5, Bronx, New
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 petition.
The tenant commenced the proceeding below by filing a complaint on
September 18, 1987, asserting that the owner had failed to maintain
certain services in the subject apartment.
In an answer, the owner asserted that all required repairs had been
completed as of October 1987.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector on April 22, 1988, who confirmed the existence
of the following defective conditions:
1. Apartment hallway ceiling is water-stained
and peeling paint and plaster.
2. Bathroom floor tiles are missing from an
area under the sink.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the Maximum Legal Rent by $6.00 per
In its petition for administrative review, the owner states, in
substance, that all repairs were made as of October 1987.
The DHCR served a copy of the petition on the tenant on August 22,
1988, who answered that the area in the hall around the bathroom
was plastered but needs painting and that numerous defects still
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and removal of refuse.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining essential services based on a physical
inspection confirming the existence of defective conditions in the
subject apartment for which a rent reduction is warranted.
The Administrator's order was properly based on an April 22, 1988
on-site inspection which confirmed that the apartment hallway
ceiling is water-stained and had peeling paint and plaster, and the
bathroom floor tiles are missing from an area under the sink.
Accordingly, the determination was in all respects proper, and is
The owner may file a rent restoration application if the facts so
warrant. The rent will not be restored until a rent restoration
application is filed and granted.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, 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 is,
Joseph A. D'Agosta