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. CC410062 RO
540 - 189 ASSOC. DISTRICT RENT ORDER
DOCKET NO. BF 410172 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 3, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 5, 1988 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, NY concerning housing accommodations known as
540 West 189th Street, New York, NY, Apartment 5A.
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
This proceeding was commenced on June 4, 1987 by the tenant
filing a complaint of a decrease in services.
On February 5, 1988, the Rent Administrator issued an order
reducing the rent to the level in effect prior to the last rent
guideline increase which commenced before November 1, 1987, the
effective date of the order. The Rent Administrator's order was
based on the report of the physical inspection conducted by a
staff member of the Division at the subject apartment on December
14, 1987 which revealed that various windows and ceilings needed
repair and that there was peeling paint and plaster throughout
In this petition, the owner contends, in substance that it
never received a copy of the tenant's complaint and therefore,
since it was not on notice and was deprived of an opportunity to
respond, the rent reduction was not warranted. The owner further
asserts that it is now doing the necessary work.
The Commissioner is of the opinion that this petition should
Section 2525.2 of the Rent Stabilization Code requires an
owner to maintain services, defined in Section 2520.6 to include
repairs and maintenance. Section 2523.4 of the Code provides
that a tenant may apply to the Division for a reduction of rent
and the Division shall so reduce the rent based on a finding that
the owner has failed to maintain services.
The evidence of record, which includes the report of the
physical inspection conducted at the subject premises, reveals
that the owner was not maintaining services. Accordingly, the
Rent Administrator properly reduced the rent of the subject
Regarding the owner's contention that it was not notified of
the tenant's complaint and was not provided an opportunity to
respond, the record shows that on October 29, 1987, the owner was
served with a copy of the complaint and provided an opportunity
to respond. On November 19, 1987, the owner submitted a response
to the complaint.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application for a
restoration of rent, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is,
denied, and, that the order of the Rent Administrator be, and the
same hereby is, affirmed.