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.:
28TH STREET REALTY ASSOCIATES, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 4, 1988, the above-named petitioner-owner timely refiled
a petition for administrative review of an order issued on November
9, 1987, by the Rent Administrator, concerning the housing accommo-
dation known as 137-139 East 28th Street, New York, New York, Apt.
6-A, wherein the Administrator determined that the Maximum Legal
Rent is reduced by 10% of the Maximum Legal Rent plus $6.00 per
month effective on the first rent payment day following the issue
date of the Rent Administrator's order. The findings were based on
the results of an inspection, held on October 29, 1987, which
showed that the bathroom tiles are loose and in need of caulking;
that the kitchen tiles are broken and that the apartment requires
plastering and paint.
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 deter-
mined the tenant's complaint of a reduction in services.
On appeal, the petitioner-owner asserted that the tenant was either
refusing or delaying access to his apartment for the purpose of
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Section 2202.16 of the Rent and Eviction Regulation provides, in
pertinent part, that the Administrator may order a decrease of the
maximum rent otherwise allowable, where there has been a decrease
in the dwelling space, essential services, furniture, furnishings
The owner had five months from the date of service of the tenant's
complaint on May 20, 1987 until the issuance of the Administrator's
order on November 9, 1987 to investigate the tenant's complaint and
to make the necessary repairs, but failed to do so.
The record is devoid of any evidence that the tenant was either
refusing or delaying apartment access to the owner's employees.
On the contrary, the tenant submitted copies of several letters
sent to the owner requesting repairs and asserting that the owner's
employees either failed to appear for several repair appointments
or that after access was achieved, the repairs were completed in an
unworkmanlike manner or omitted entirely.
Moreover, in a letter dated May 4, 1987, the tenant offered the
owner five different access dates. Despite the offer, the
inspection on October 6, 1987 revealed that the owner failed to
remedy the conditions in the subject apartment.
The Commissioner notes that the owner's attempts to schedule repair
appointments from the beginning of this proceeding were perfunctory
and ineffectual and that when apartment access was gained, the
repairs were either completed in an unworkmanlike manner or not at
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had failed to maintain services
based on the evidence of record, including the results of a
physical inspection of the subject premises and correctly reduced
the rent of the subject rent controlled accommodation.
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application with the Division for a
restoration of rent based upon a restoration of services, if the
facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA