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.:
JACKSON SURREY CO., RENT ADMINISTRATOR'S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 7, 1988, the above-named petitioner-owner filed a
petition for administrative review of an order issued on December
15, 1987, by the Rent Administrator, concerning the housing accom-
modation known 630 Ocean Avenue, Brooklyn, New York, Apt. 12-D,
wherein the Administrator determined that the rent of the subject
apartment should be reduced to the level in effect prior to the
last guideline increase based upon the owner's failure to provide
various services to the subject tenant. The order was based on an
inspection held on November 10, 1987, which showed that a number of
services required repair and that window screens and venetian
blinds were missing.
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 appeal, the petitioner-owner claimed that the initial 1984
apartment registration shows that blinds, shades and window screens
were not listed on the statement; that the tenant never filed a
timely objection to the registration statement which was served on
the tenant and that consequently the Rent Administrator erred in
reducing the rent for its failure to provide these services.
The petition was served on the tenant on March 3, 1988.
In answer to the petition, the tenant states that "problems
continued into 1989".
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
The tenant filed an Individual Tenant Statement of Complaint of
Decrease in Services on March 25, 1987, listing numerous conditions
requiring repair and stating that there never were any screens and
that blinds were not returned for a year.
On October 27, 1987, the owner filed an answer alleging that all
repairs were completed.
An inspection held on November 10, 1987 revealed that there was
peeling paint on the walls and ceilings in the bedroom and living
room, the windows throughout the apartment allowed air seepage, the
windows are missing window screens, the air conditioner is inopera-
tive, the bathroom and kitchen cold water turns hot, and venetian
blinds are missing in the kitchen and bathroom.
However, on appeal, the owner submitted copies of the initial 1984
Apartment Registration for Apartment 12-D and a proof of mailing of
same from the Rent Stabilization Association in support of its
contentions on appeal.
Required services are defined by Section 2520.6(r) of the Rent
Stabilization Code as those services which the owner was main-
taining or was required to maintain on the applicable base date
plus any additional services provided thereafter. The requirement
stated in Section 2528.2 to register services on the initial
registration statement did not establish a new base date for
required services and the failure of a tenant to object to the
registration has no bearing on the determination of which services
must be maintained. Accordingly, the owner's argument that the
omission of screens and blinds from the registration statement
precludes a rent reduction for these items is without merit.
However, the Commissioner finds that the tenant did not assert in
her complaint that these items are required services that the owner
is no longer maintaining. In fact, she stated that screens were
never provided and that she had to wait a year for the blinds to be
returned to her. By the tenant's own admission screens are not a
base date service and the blinds had been restored by the time the
complaint was filed. A rent reduction for these items is not
warranted. The Administrator's rent reduction order, appealed
herein, is modified to delete screens and blinds and the owner need
not restore these items to qualify for restoration of the rent.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this administrative appeal be, and the same hereby
is, granted and that the Administrator's order be, and the same
hereby is, affirmed as modified in accordance with this Order and
Upon a restoration of services the owner may separately apply for
a rent restoration, when all other conditions cited in the rent
reduction order have been corrected.
JOSEPH A. D'AGOSTA