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.: CB110189RO
HEN YAM LEE CORP., RENT ADMINISTRATOR'S
DOCKET NO.: BF110677S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 26, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
January 29, 1988, by the Rent Administrator, concerning the housing
accommodation known as 36-07 Steinway Street, Long Island City, New
York, Apt. 3-C, wherein the Administrator determined that a
reduction in rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
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 Apartment 3-C based upon a reduction in services.
On June 18, 1987 the tenant filed a complaint alleging that the
owner was not providing essential services.
The owner filed an answer to the complaint on September 2, 1987,
alleging that some repairs noted in the tenant's complaint have
been corrected and that the others will be addressed shortly.
A DHCR inspection conducted on November 23, 1987 revealed that:
1. All windows in the entire apartment are defective;
they have inoperative locks, defective sashes and are
2. Evidence of exposed electrical wires, hazardous
3. Walls in 1st bedroom and 2nd bedroom are uneven and
4. Ceiling in living room is peeling paint and plaster.
On appeal, the petitioner-owner asserted, in pertinent part, that
it did not receive a copy of the tenant's complaint until late in
the proceedings but that when it eventually received notice, it
made all necessary repairs.
The petition was served on the tenant on March 28, 1988 and on
April 10, 1988, the tenant filed an answer to the petition stating
that most repairs were made in an unworkmanlike manner.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523. 4 (a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for a reduction of the legal regulated rent to the level in
effect prior to the most recent guideline adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6 (r) to include
repairs and maintenance.
The record shows that a properly addressed Notice of Transmittal of
Tenant's Complaint was mailed to the owner on August 19, 1987 and
that the owner filed an answer on September 2, 1987.
The Commissioner finds, therefore, that the answer filed below
belies the owner's contention on appeal that it failed to receive
notice of the proceedings and further finds that the owner was a
full participant in the proceedings before the Rent Administrator.
The Commissioner also finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspection conducted on November 23, 1987, and
that pursuant to Section 2523.4 (a) of the Code, the Administrator
was mandated to reduce the rent upon determining that the owner had
failed to maintain services.
The Commissioner finds, therefore, that the owner has offered
insufficient reason to disturb the Rent Administrator's
The Commissioner notes that the owner's applications for rent
restoration have all been denied. The owner may refile if the
facts so warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA