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 petitioner-owner filed a timely petition for
administrative review (PAR) of an order issued concerning the
housing accommodation known as 126 Ludlow Street, Apartment 1-E,
New York, New York, wherein the Administrator determined that
certain services were not being provided or maintained, directed
restoration of such services, and ordered a rent reduction of
$10.00 per month effective on the first rent payment day following
the issue date of the Rent Administrator's order.
The Commissioner has reviewed all of 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
February 18, 1987, asserting that the owner had failed to maintain
certain services in the subject apartment, including leaks in the
In an answer dated April 16, 1987, the owner denied the allega-
tions set forth in the complaint or otherwise asserted that all
required repairs had been or will be completed.
Thereafter, on July 15, 1987, an inspection of the subject apart-
ment was conducted by a Division of Housing and Community Renewal
(DHCR) inspector who confirmed the existence of the following
The walls and ceiling in the
bathroom need to be painted.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent.
In its petition for administrative review, the owner states, in
substance, that the copy of the Order Reducing Maximum Rent it
received is illegible and must be reversed because it fails to
properly notify the landlord of the Agency's basis for its
decision, and that the rent reduction is not consistent with the
tenant's complaint. The owner also states that the bathroom was
repiped and the walls and ceiling were repaired and that they had
not yet gotten to the painting project and should not be penalized
because of the timing of the inspection.
The DHCR served a copy of the petition on the tenant on December
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
Although it is true that a part of the order is illegible, it
clearly states that it is based on an inspection showing a defec-
Section 2202.16 of the Rent and Eviction Regulations provides, in
pertinent part, that the Administrator may order a decrease of the
maximum rent otherwise allowable based on a finding that there has
been a decrease in essential services required to be provided. The
rent is to be decreased by that amount which the Administrator
finds to be the reduction in the rental value as a result of the
decrease in services.
The Commissioner finds that the Administrator properly based his
determination on the entire record including the results of the on-
site physical inspection conducted on July 15, 1987; that pursuant
to Section 2202.16(a) of the Rent and Eviction Regulations the
Administrator acted properly in reducing the rent upon determining
that the owner had failed to maintain services.
The Commissioner has also considered the owner's contention on
appeal that the rent reduction is not consistent with the tenant's
allegation. The tenant specifically complained about the leak in
the bathroom ceiling and the finding by the Administrator that the
walls and ceiling in the bathroom needed to be painted confirms
that the leak damage had not been completely repaired.
The Division's records reveal that the rent was restored by an
order issued on March 31, 1989 (Docket No. CH420143OR).
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