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.: CB110222RO
RICHARD ALBERT RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On February 28, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on January 25, 1988 concerning the housing
accommodations known as Apt. 3T, 93-49 222nd Street, Queens
Village, NY, wherein the Administrator determined that the owner
was not maintaining certain services, directed restoration of such
services, and ordered a rent reduction.
The Commissioner has carefully reviewed all the evidence of record
and has carefully considered that portion relevant to the issues
raised on appeal.
The proceeding was initiated by the tenant filing three complaints
alleging a decrease in various services, in which she asserted,in
pertinent part, that tiles were missing in the bathroom and the
window sills in the bedroom require repair. The tenant attached to
the complaints copies of violation reports issued by the Office of
Code Enforcement of the City of New York which direct the owner to
"replace with new the missing ceramic wall tiles bathroom 3 sty apt
3T 49 unit" and "properly repair the broken or defective east &
west window sills northeast room 3 sty apt 3T 49 Unit".
In his answer, the owner stated, in pertinent part, that the tenant
has not provided access for repairs, that contractors are scheduled
to make the necessary repairs on February 2 and 3, 1987 pursuant to
a stipulation settling a court action, and that the complaints were
prepared by a tenant representative solely to harass the owner.
A physical inspection of the premises by DHCR on December 29, 1987
revealed that the bedroom windows are drafty and require putty and
painting and that the bathroom tiles need to be grouted.
The Rent Administrator's order appealed herein ordered a rent
reduction based on the inspector's report.
In the petition for administrative review, the owner asserts that
since the order states, in pertinent part, that the items described
in the order are not the items listed in the tenant's complaint and
that all conditions described in the complaint were corrected on
February 2 and 3, 1987 when the tenant provided access.
The petition was served on the tenant on March 31, 1988.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted.
Section 2523.4 of the Rent Stabilization Code requires DHCR to
order a rent reduction, upon application by a tenant, where it is
found that an owner is not maintaining required services. Such a
rent reduction is warranted only where an owner fails to make
necessary repairs after being given notice of the defective
A comparison of the three complaints and accompanying violation
reports filed by the tenant with the order issued by the Rent
Administrator confirms the owner's allegation that the rent was
reduced for conditions not complained of. The tenant mentioned
missing bathroom tiles rather than tiles requiring grout, and
defective window sills in the bedroom rather than drafty windows
requiring putty and painting. Accordingly, the Commissioner is of
the opinion that the owner was not given notice of the conditions
cited in the rent reduction order and a rent reduction for these
items cannot be sustained and must be revoked.
The Division's records reveal that the owner's rent restoration
application (CB110148OR) was granted effective April 1, 1988. The
tenant may pay any rent arrears due as a result of this order in
six monthly installments.
THEREFORE in accordance with the Rent Stabilization Law and Code,
ORDERED that this petition be and the same hereby is granted and
the Rent Administrator's order be and the same hereby is revoked.
JOSEPH A. D'AGOSTA