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.: CL610136RO
2860 Decatur Corp.,
DOCKET NO.: CA610208S
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 2860 Decatur Avenue, Apt. B35, Bronx, N.Y.
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
January 11, 1988, 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. The tenant specifically alleged that the
apartment had not been painted since the tenant took occupancy in
1981 and that the living room wall is cracked.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on September 30, 1988, who confirmed the existence
of the following defective conditions: The kitchen ceiling has a
hole in it and the livingroom wall is cracked.
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 tenant did not specify in her complaint that
there was a hole in the kitchen ceiling, that the tenant told the
superintendent that all repairs had been done, and that they would
like the DHCR inspector to reinspect to verify that the kitchen
ceiling hole and cracked livingroom wall has been repaired.
The DHCR served a copy of the petition on the tenant on
January 27, 1989.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the 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 confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted. The tenant's complaint regarding the need
for painting and the crack in the living room wall is sufficiently
related to the conditions cited in the order.
The Administrator's order was properly based on a September 30,
1988 on-site inspection which confirmed that there was a hole in
the kitchen ceiling and a cracked wall in the livingroom.
Accordingly, the determination was in all respects proper, and is
The owner may file a 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