STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH610108RO
3424 Dekalb Associates,
DOCKET NO.: BI610388S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT REDUCTION ORDER
The above-named owner-petitioner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 3424 Dekalb Avenue, Apt. 4CC, Bronx,
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 the proceeding below by filing a complaint on
September 25, 1987 asserting that the owner had failed to maintain
certain services in the subject apartment. Specifically, the
tenant stated that there was no electricity in the kitchen and that
the wiring was poor throughout the apartment.
In an answer, the owner asserted that all work has been completed
to the satisfaction of the tenant.
On February 19, 1988, the Administrator sent the tenant a notice
asking if the complaint had been resolved. The tenant responded,
listing thirteen items requiring repairs that were not part of the
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on April 11, 1988, who reported that the kitchen
and bathroom walls have holes and need painting, but that there was
no evidence of defective wiring.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that no notice of the complaint was received by them;
otherwise, they would have repaired the defective conditions
earlier. She further states that the tenant gave them an
appointment for July 29, 1988 to do the work. The owner also
included a signed copy of the work order with the tenant's
signature indicating that plastering was done in the kitchen,
bathroom, hallway and livingroom.
The DHCR served a copy of the petition on the tenant on September
The tenant's complaint mentioned wiring problems exclusively and
that was the only condition the owner was on notice of the need to
investigate and repair if necessary. The subsequent list of
complaints submitted by the tenant to the Rent Administrator was
not served on the owner. Without notice of the need to make
repairs to these conditions, a rent reduction for failure to
maintain services is not warranted and must be revoked.
The Division's records reveal that the tenant has vacated the
apartment and that no rent restoration order has been granted. Any
rent arrears due as a result of this order are due and payable
immediately by the complaining tenant and may be paid back in
twelve monthly installments by the current occupants, if necessary.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted and the Administrator's order
should be revoked.
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, granted,
and that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA