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.: CB 210275-RO
8023-19TH REALTY CORP. DRO DOCKET NO.: BJ 210144-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 16, 1988, the above-named owner filed a petition for
administrative review of an order issued on January 28, 1988, by a Rent
Administrator concerning the housing accommodation known as Apartment #
6J, located at 8023 19th Avenue, Brooklyn, New York, wherein the
Administrator found that certain services had not been maintained, and
determined that the apartment's rent should be reduced.
The issue in this case is whether the Administrator's order was warranted.
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 owner.
On October 7, 1987 the tenant filed an application for a rent reduction,
alleging that the roof was leaking, the ceilings were cracked, the windows
were drafty, and the bathroom sink was leaking.
In its answer, the owner maintained that all windows had been replaced,
and the new windows were adjusted subsequent to the tenant's complaint.
The owner further contended that a new roof was going to be installed
during the week of December 1, 1987, and that all ceilings would be
painted as soon as the roof was installed. Additionally, the bathroom
sink could not be replaced as scheduled because the tenant was
hospitalized, and a new date was scheduled for November 27, or December
On December 10, 1987 a physical inspection of the subject apartment was
carried out by a staff member of the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that ceilings and
walls were leak-damaged, with peeling and falling plaster in bedrooms and
dining room; and the living room window frame was water stained.
On January 28, 1988 the Rent Administrator issued the order here under
review, finding that a diminution of services had occurred and reducing
the tenant's rent to the level in effect prior to the last rent guideline
increases which commenced before the effective date of the rent
DOCKET NUMBER: CB 210275-RO
In its petition for administrative review the owner requests reversal of
the order, alleging that except for the leaking roof, all of the tenant's
complaints were frivolous. The owner further states that the roof was
completed in December, and that the painting followed. The owner encloses
a copy of a statement from the tenant dated February 8, 1988 stating that
the apartment was repaired and painted to his satisfaction.
After careful consideration the Commissioner is of the opinion that this
petition should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code:
A tenant may apply to the DHCR for a reduction of the
legal regulated rent to the level in effect prior to
the most recent guidelines 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 are defined in Section 2520.6(r) to include repairs and
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the on-site
physical inspection conduction on December 10, 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 notes that on December 12, 1988 an application for a
restoration of rent for the subject apartment, based on the restoration of
services, was denied, following inspection on October 4, 1988, under
Docket # CB 210129-OR.
This Order and Opinion is issued without prejudice to the owner's right to
again file an application with the Division for restoration of rent based
upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code, 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.