CF420007RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CF420007RO
HOWARD KAYE
FOR
IRON ASSOCIATES, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK420105B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a petition for administra-
tive review (PAR) of an order issued on June 3, 1988, concerning
the housing accommodation known as 202 West 84th Street, New York,
New York, wherein the Administrator determined that certain condi-
tions in the subject premises constituted services decreases.
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 tenants commenced the proceedings by filing a complaint assert-
ing that the owner has failed to maintain certain services in the
subject premises. A copy of the tenants' complaint was served on
the owner.
Thereafter, an inspection of the subject premises was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of defective conditions, in that the front
door was missing, that there was no on-premises superintendent, and
that contact information was not posted.
The Rent Administrator directed restoration of the services for all
stabilization tenants, and further, ordered a reduction of the
controlled rents citing the report of the missing front door. The
stabilization tenants did not request rent reductions.
In the petition for administrative review, the owner states that
all repairs have been completed. No errors of law or fact are
alleged.
CF420007RO
The DHCR served a copy of the petition on the tenant.
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
required to order a rent reduction upon application by tenants,
where it is found that an owner has failed to maintain required
services. Under Section 2202.16 of the Rent & Eviction Regulations,
the DHCR is authorized to order a rent reduction where it is found
that the owner has failed to maintain essential services.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order, which determined that the owner
was not maintaining services based on a physical inspection con-
firming the existence of defective conditions in the subject
premises, and that a rent controlled rent reduction was warranted
for one condition.
The owner alleges that the defective conditions have been cor-
rected. If the conditions were corrected prior to the issuance of
the order under review, the owner offered no evidence to substan-
tiate the allegation before the Administrator. If the conditions
were corrected after the issuance date, the determination was
proper.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations for New York City, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
CF420007RO
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