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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued concerning the housing accommo-
dation known as 8714 21st Avenue, Apartments B-3, Brooklyn,
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 petition.
The owner commenced the proceeding below by filing a rent restora-
tion application wherein it alleged that it had restored services
for which a rent reduction order bearing Docket No. BB220388S had
been issued wherein the owner was directed to repair the leak
damage to the ceilings and walls in the bedroom, bathroom and foyer
and to paint them, as well as to repair three defective stove pilot
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on July 28, 1988. The
inspector reported that the leak damage to the ceilings and walls
in the bedroom, bathroom and foyer has been repaired and painted.
However, the three stove pilot lights were defective.
The Administrator issued the order here under review on August 26,
1988. Rent restoration of $15.00 per month was granted for the
rent controlled tenant. The owner was advised to refile for the
remaining $9.00 per month when the three stove pilot lights were
On appeal, the owner states, in substance, that he was enclosing a
copy of the tenant's request for the pilot lights to be turned off
when the stove was installed and that the restoration order incor-
rectly stated that the pilot lights did not work, when in fact,
they were turned off.
The Division of Housing and Community Renewal (DHCR) served a copy
of the petition on the tenant on November 25, 1988. She answered
that she did request that the pilot lights be turned off because
she felt someone was tampering with the gas line, however, the
stove continues to be a problem because of clogged gas holes.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that although the owner has stated that the
tenant requested the pilot lights to be shut off, and the tenant
has confirmed this, this was not raised in the proceeding below.
The tenant's position is that the pilot lights had to be turned off
because they were defective. The owner may file another rent
restoration application and if the stove is still defective, the
reasonableness of the tenant's position will be investigated if
raised. The rent will be restored only when an application is
filed and granted.
Accordingly, the Commissioner finds that the Administrator properly
determined that the owner had failed to restore all services based
on the evidence of record, including the results of the on-site
physical inspection of the subject premises. The Administrator
correctly granted the application in part for the rent-controlled
Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and removal of refuse.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
had not restored essential services based on a physical inspection
confirming the existence of defective conditions in the subject
apartment for which a rent reduction is warranted.
THEREFORE, in accordance with 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
JOSEPH A. D'AGOSTA