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.: CC610114RO
BERNARD PUTTER DOCKET NO.: BG610329S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on February 10, 1988
concerning the housing accommodations known as 1540 Pelham Parkway
Apartment 2J, Bronx, New York, wherein the Administrator found
certain conditions in the tenant's apartment that constituted
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In answer to the tenant's complaint of a defective intercom,
the owner stated that telephone equipment had been installed in the
lobby prior to the enactment of the Rent Stabilization Law of 1969.
The system required a visitor to ring the buzzer, and the tenant to
dial a seven-digit telephone number to the lobby to ascertain the
The owner denied the remaining allegations set forth in the
complaint, or otherwise asserted that all required repairs had been
or would be completed.
An inspection of the subject premises, conducted by a DHCR
inspector, confirmed the tenant's complaints of a cracked bathroom
wall and a kitchen sink floor cabinet. The inspection also
confirmed that a working telephone receiver was located in the
lobby and that the buzzer system was operative, but that the voice
intercom equipment was not maintained.
The Rent Administrator directed that services, including the
intercom, be restored and further ordered a rent reduction of the
In the petition for administrative review, the owner
reiterates that the lobby telephone and the buzzer were operating
properly, and states that a second intercom system was in the
process of being installed. The owner also states that the other
items had been repaired. A copy of the petition was served on the
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is require to order a rent reduction, upon application by the
tenant, where it is found that an owner has failed to maintain
required services. The owner's claims suggest that the repairs
were made after the issuance of the Administrator's order. If the
repairs were made prior thereto, there is no evidence in the record
to indicate the same. The petition does not establish any basis
for revoking that part of the Administrator's order that found that
the owner was not maintaining required services in that the
bathroom wall and kitchen sink were defective. Based thereon,the
rent reduction granted was proper and should be affirmed.
The owner is correct, however, that the record below does not
reflect that the Administrator considered the owner's claim that
the lobby telephone/buzzer system, rather than a buzzer/intercom
system, was the service the owner provided on the base date. The
condition is revoked as a predicate for the rent reductions,
without prejudice to further consideration of this matter in
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 Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, 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, as modified above.
Joseph A. D'Agosta