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.: CI630152RO
Samuel David : RENT ADMINISTRATOR'S
c/o Samest Management, DOCKET NO.: CA630068B
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 38 Marcy Place, Various Apartments, Bronx,
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.
One rent-stabilized tenant commenced the proceeding below by filing
a complaint on January 22, 1988, asserting that the owner had
failed to maintain certain building-wide services.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed and that due to vandalism, the locks on the
main door, hallway window and entrance gate are constantly being
repaired. However, the owner promised to immediately replace the
locks on these items.
Thereafter an inspection of the subject building was conducted on
April 25, 1988 by a D.H.C.R. inspector who confirmed the existence
of the following defective conditions:
1. Defective mailboxes on the east
and west sides.
2. Defective entrance door lock.
3. Defective entrance gate lock.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent of $13.00 per month
for all rent controlled tenants in the building. No rent reduction
was requested for the complaining stabilized tenant because none
In its petition for administrative review, the owner states, in
substance, that all work has been completed, that the intercom,
door lock and mailboxes have been repaired, and that the defective
gate lock is not a decrease in service since a lock was not there
when the tenants moved in. The owner further states that the
Administrator has erred in giving a second rent reduction when the
rents had already been reduced for the same items in other
The DHCR served a copy of the petition on the tenant on November
After careful consideration, the Commissioner is of the opinion
that the petition should be granted and the Rent Administrator's
order should be modified.
A review of the complaint reveals that it was filed by one rent
stabilized tenant and no rent controlled tenants. The owner had no
knowledge that the jurisdiction of the Rent Control Law was being
invoked and it was a violation of the owner's due process rights to
order a reduction of rent controlled rents. The rent reduction is
revoked and any rent arrears due as a result of this order may be
paid off in installments of $13.00 per month.
The complaining stabilization tenant did not request a rent
reduction and the Administrator's determination to direct
restoration of services without ordering rent reduction was
correct. The owner's allegation that a lock on the gate is not a
base date service was not raised below and may not be considered
for the first time on appeal. In fact, the owner stated in an
answer to the complaint that the lock would be replaced
The Administrator's order was properly based on an April 25, 1988
on-site inspection which confirmed the existence of defective
entrance door lock, entrance gate lock and mailboxes. Accordingly.
the directive to repair these items was in all respects proper and
is hereby sustained.
The Division's records reveal that the owner's rent restoration
applications have been granted (CJ620076OR and FE630037OR).
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, and 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 in
part, and that the Rent Administrator's order be, and the same
hereby is, modified in accordance with this order and opinion.
Joseph A. D'Agosta