STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CL210080RO
Eunice S. Matthew,
DOCKET NO.: BK210764S
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
accommodations known as 132 Lafayette Avenue, Apt. 2F, 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
November 25, 1987, asserting that the owner had failed to maintain
certain services in the subject apartment.
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.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on September 28, 1988, who confirmed the existence
of the defective conditions:
1. Bathroom door repaired in an unworkmanlike manner.
2. Defective bathroom drain.
3. Paint stains on livingroom floor.
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 apartment has been completely serviced and that
the apartment was painted recently and the floor was scraped and
The DHCR served a copy of the petition on the tenant on February
17, 1989. The tenant answered that the landlord has not restored
any of the services listed in the rent reduction order.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to 2523.4 of the Rent Stabilization Code, DHCR is required
to order a rent reduction, upon application by a tenant, where it
is found that an 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 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 September 28,
1988 on-site inspection which confirmed the existence of the
bathroom door repaired in an unworkmanlike manner, a defective
bathroom drain, and paint stains on the living room floor.
Accordingly, the determination was in all respects proper and is
The Division's records reveal that the owner's rent restoration
application was denied (Docket No. CL210164OR). The owner may file
another rent restoration application if the facts so warrant. The
rent will not be restored until a rent restoration application is
filed and granted.
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