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.: CK620157RO
Ralph Langsam Associates, : RENT ADMINISTRATOR'S
DOCKET NO.: CG620682S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND RESTORING RENT
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 1334 Manor Avenue, Apt. 1D, Bronx, New York.
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
July 8, 1988, asserting that the owner had failed to maintain
certain services in the subject apartment.
In an answer, the owner asserted that all required repairs had been
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector on September 29, 1988 who confirmed the
existence of the following defective conditions:
1. Evidence of rat infestation.
2. Holes inside the hallway closet.
3. Bathroom ceiling by the steam pipe is
cracked and is in need of plastering and
4. Kitchen left wall and the cabinet bottom
needs to be painted.
The Rent Administrator directed restoration of these services and
further ordered the maximum legal rent reduced by $12.00 per month.
In its petition for administrative review, the owner states, in
substance, that the repair work had been properly completed.
The DHCR served a copy of the petition on the tenant on January 10,
1989. The tenant answered and stated that the landlord had made
the necessary repairs.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
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
was not maintaining essential services based on the September 29,
1988 on-site inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
warranted. Accordingly, the determination was in all respects
proper and is hereby sustained.
However, based on the tenant's acknowledgement that all repairs
have been completed, the rent is restored effective the first rent
payment following issuance of this order and opinion.
THEREFORE, in accordance with the Rent and Eviction Regulation 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