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.: CA110300RO
DOCKET NO.: BF110058B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 41-25 49th Street, Queens, New York,
wherein the Administrator found that certain conditions in the
building constituted service decreases.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issued raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject building.
In an answer, the owner denied the allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter an inspection of the subject building was conducted
by a D.H.C.R. inspector who confirmed that: the hallway required
painting; the entrance door latch was not secure; the lobby
lighting was not adequate; the rear yard was lettered with debris;
the fire escape ladders and various interior stairs were defective;
and there was no superintendent available at the time of
inspections combined with the fact that contact information was not
The Rent Administrator directed restoration of these services
and, further, ordered a reduction of the regulated rent.
In the petition for administrative review, the owner
reiterates assertions below to the effect that their first floor
tenant is not affected by the conditions in the various common
areas of the building. The tenant was served with the owner's
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. Section 2202.16 of the Rent and Eviction
Regulations contains similar provisions.
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 required services based on a
physical inspection confirming the existence of defective
conditions in the subject building for which a rent reduction is
warranted. All tenants, including tenants on the first floor, are
entitled to proper maintenance and repair of building services.
The owner is also silent as to his obligation under Section 27-
2053(c) of the Housing Maintenance Code to conspicuously display
superintendent contact information.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the City Rent and Eviction Regulations, 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, affirmed.
Joseph A. D'Agosta