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.: CB430232RO
DOCKET NO.: AJ530105B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 12, 1988, the above-named petitioner-owner refiled
a petition for administrative review of an order issued on October
1, 1987, by the Rent Administrator, concerning the housing
accommodations known as 655 West 160th Street, New York, N.Y.,
various apartments, wherein the Administrator determined that the
rent for rent stabilized apartments should be reduced to the level
in effect prior to the last rent guideline increase which commenced
before the effective date of the order based upon a diminution of
services and further determined that the maximum legal rent for
rent controlled apartments should be reduced by $17.00 per month
based upon a diminution of services. The Rent Administrator's
order was based upon an inspection held on February 3, 1987. The
Rent Administrator also directed the restoration of all 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 rents of various rent stabilized and rent controlled
apartments in the subject building.
On appeal, the petitioner-owner asserted that it acquired the
premises in October 1986 and was never given enough time to correct
the conditions specified in the tenants' complaint and further that
the service deficiencies noted in the appealed order have all been
The petition was served on the tenants on May 16, 1988. The
tenants did not answer the petition.
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 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.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner has
failed to maintain services may result in an order of decrease in
maximum rent, in an amount determined by the discretion of the Rent
The record shows that a Notice and Transmittal of Tenants'
complaint was mailed to the owner on December 1, 1986 at the
owner's correct address but that the owner failed to submit an
The owner stated, on appeal, that it acquired the premises in
October, 1986 almost two months prior to the date the above notice
The Commissioner finds, therefore, that the owner failed to
answer the tenants' complaint and that the inspection confirmed the
existence of those conditions specified in the tenants' complaint.
Nearly eleven months had elapsed form the time a copy of the
tenants' complaint was mailed to the owner to the time the Rent
Administrator's order was issued on October 1, 1987.
A review of the record before the Administrator clearly shows
that the owner did not submit any evidence that the deficiencies
noted on the inspector's report were completed in a workmanlike
manner at the time of the DHCR's inspection or at any time prior to
the issuance of the Administrator's order.
The Commissioner finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspection conducted on February 3, 1987 and
that pursuant to Section 2523.4(a) of the Code and Section 2203.16
of the Rent and Eviction Regulations the Administrator was mandated
to reduce the rent upon determining that the owner had failed to
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York and the Rent Stabilization Law
and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
Upon a restoration of services the owner may separately apply
for a rent restoration.
As regards the rent stabilized tenants 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.
Joseph A. D'Agosta