CA 110278 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. CA 110278 RO
BETTERLAND REALTY CORPORATION
C/O M.Z. REALTY CORPORATION, DRO DOCKET NO.: BF 110187 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 27, 1988 the above-named petitioner filed a Petition
for Administrative Review against an order issued on January 21,
1988 by the Rent Administrator of the Gertz Plaza, Jamaica,
District Rent Office, concerning housing accommodations known as
34-25 150th Place, Apartment 4B, Flushing, New York.
The issue is whether there was a decrease in services warranting
reduction of the legal regulated rent.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
On June 3, 1987 the tenant filed a complaint of decrease in
services, alleging the following: bedroom ceilings damaged from
leaks, window moldings rotted and porous, bathroom vents not
working, bathrooms develop mold, inconsistent water temperature,
vermin infestation, and terrace and backyard not maintained.
In its answer, dated August 13, 1987, the owner responded to the
above complaint by stating that the subject apartment and
hallways are scheduled for necessary plastering and painting,
vent system is satisfactory, elevator has been repaired and is
working, no vermin or water temperature problem, terraces have
been waterproofed, building has been pointed and waterproofed and
new windows have been installed.
On November 16, 1987, a physical inspection of the subject
housing accommodation was conducted by the Division of Housing
and Community Renewal (DHCR). The inspector's report confirmed
existence of the complained of conditions specifically, bedrooms
and living room are peeling paint and plaster, bathroom vents are
inoperable, water damaged terrace roof, recently installed
window moldings are unfinished and there is rodent infestation.
On January 21, 1988, the Rent Administrator issued an order based
on the report of the physical inspection, reducing the legal
CA 110278 RO
regulated rent by the percentage of the most recent guidelines
adjustment for the tenant's lease which commenced before
September 1, 1987, the effective date of the order, and directing
the owner to refund to the tenant all amounts collected in excess
of the reduced rent since the above mentioned effective date.
In its petition, the owner contends that a rent reduction is not
warranted because the subject apartment has been plastered but
painting has been delayed at the tenant's request, the window
moldings will be done at the time of painting, the bath vents
are operable and operate on a timer, there is no trace of rodent
infestation and the building receives regular extermination, and
the terraces have been waterproofed and painted.
The Commissioner is of the opinion that this petition should be
Despite the owner's assertions, the physical inspection report
disclosed that the complained of conditions existed and, the
Commissioner finds that the rent reduction is warranted.
This order is issued without prejudice to the owner's right to
file the appropriate application for restoration of the rent, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and that the order of the Rent
Administrator be, and the same hereby is, affirmed.