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.: CJ210162RO
Bay Parkway Realty Assoc.,
DOCKET NO.: BH210607S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 8100 Bay Parkway, Apt. 5M, Brooklyn,
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
August 28, 1987 asserting that the owner had failed to maintain
certain services in the subject apartment. The tenant stated that
two faucets on the bathroom sink needed repair and the shower head
constantly leaked water.
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 by the superintendent.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on August 18, 1988 who confirmed the existence of
the following defective conditions:
1. Bathroom basin faucets leak at base.
2. Shower stall has leak damage. Wall tiles are falling out.
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 the shower stall, wall tiles and bathroom basin
faucets have been repaired for some time now and that the
conditions found by the inspector are isolated occurrences that can
happen in the course of regular maintenance in any building and
should not warrant such a large rent reduction.
The DHCR served a copy of the petition on the tenant on December 8,
1988. In response, the tenant states that the bathroom basin
faucets still leak at the base and the shower stall has leak damage
and more tiles are falling out.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner has considered the owner's claim that the Rent
Administrator erred by reducing the rent of the tenant based on the
fact that the defects occur in the course of regular maintenance
and rejects that argument.
Since the owner responded to the tenant's complaint on October 28,
1987 and an inspection of the apartment ten (10) months later on
August 18, 1988 revealed the defective conditions, the owner had
ample time to repair the bathroom basin faucet, the leak in the
shower stall and the resulting damage caused by this leak. These
are not recurring maintenance items and if they had been repaired
in a timely and workmanlike manner by the owner, they would not
have been in evidence when the inspection took place.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by the tenant,
where it is found that the owner has failed to maintain required
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 required services based on a
physical inspection on August 18, 1988 confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The Administrator's order was properly based on the on-site
inspection which confirmed the existence of the defective bathroom
basin faucets and the leak damage in the shower stall.
Accordingly, the determination was in all respects proper, and is
The Division's records reveal that the owner's rent restoration
application is pending before the Administrator.
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,
JOSEPH A. D'AGOSTA