STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC110370RO
DOCKET NO.: BG110642S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 10, 1988, the above-named petitioner-owner filed a
petition for administrative review of an order issued on February
26, 1988, by the Rent Administrator, concerning the housing
accommodation known as 41-34 Frame Place, Flushing, N.Y., Apt. L-J,
wherein the Administrator determined that a reduction in rent was
warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
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 administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On July 1, 1987, the tenant filed a complaint alleging that there
was a diminution of services in the subject apartment.
The owner filed an answer to the complaint alleging that all
required repairs were made.
A DHCR inspection conducted on December 22, 1987, revealed that:
1. Floor tiles throughout the apartment are loose and
2. There is no light fixture in the bedroom.
3. The apartment door lock screws are loose and missing
causing the lock to shake.
4. Wall tiles in bathroom are loose and falling out.
5. Living room and kitchen ceiling are peeling paint and
6. Walls in bedroom and living room were repaired in an
7. Bathroom ceiling is defective, part of the ceiling is
On appeal, the petitioner-owner asserted, in pertinent part, that
all required repairs were made.
The petition was served on the tenant on May 23, 1988, and on June
16, 1988, the tenant filed an answer to the petition stating that
the owner failed to make all repairs and that those repairs that
were done were completed in an unworkmanlike manner.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for reduction of the legal regulated rent to the level in
effect prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner has also considered and rejects the petitioner's
claim on appeal that the required repairs were made prior to the
issuance of the Rent Administrator's order.
A copy of the tenant's complaint was mailed to the owner on
September 11, 1987, and the Rent Administrator's order was issued
on February 26, 1988.
It is apparent that the owner had approximately six (6) months to
attend to the complained-of conditions, but had failed to do so
prior to the issuance of the Rent Administrator's order.
The inspector's report clearly showed that even if the owner
attempted to correct the conditions prior to the issuance of the
Rent Administrator's order, it had failed to do so in a workmanlike
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
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 December 22, 1987, and
that pursuant to Section 2523.4(a) of the Code, and Administrator
was mandated to reduce the rent upon determining that the owner had
failed to maintain services.
Upon a restoration of services the owner may separately apply for
a rent restoration.
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 provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA