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.: CC410003RT
DOCKET NO.: BF410734S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 3, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on February
1, 1988, by the Rent Administrator, concerning the housing
accommodation known as 170 Second Avenue, Apt. 8E, New York, N.Y.,
wherein the Administrator directed a restoration of services but
found a rent reduction unwarranted.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing on June 1, 1987 of a
complaint of reduction in services alleging various deficiencies in
the functioning of newly installed replacement windows, for which
the tenant requested a rent reduction.
The owner in responding to the tenant's complaint included a
manufacturer's diagram of the window as well as a record of the
attempts of its contractor, and building maintenance personnel to
make adjustments to the windows as requested by specific tenants.
Affidavits of these persons were provided which essentially stated
that all adjustments made were of a minor nature including
lubrication of window tracks to facilitate opening and closing.
An inspection conducted on November 23, 1987 by a Division employee
determined that all of the apartment windows are operative except
that one window in the living room will not stay open. The
Administrator issued its order directing the restoration of
services, but did not grant a rent reduction.
In the PAR, the tenant states that there is an inherent design
defect in the window in that, among other things, the top half of
the window cannot be opened because the pull rail at the top of the
window cannot be reached unless one stands on a chair, and that
other tenants have received rent reductions for the very same
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenant's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
should restore services to the required level by correcting the
defective condition. The Commissioner notes that the affidavit of
the service manager for the window contractor, which was submitted
with the owner's answer, states that the tenant of the subject
apartment advised in September 1987 that there were no problems
with the windows or that such problems, if any, had already been
remedied by the contractor or building personnel. Based on the
evidence, a rent reduction is not warranted.
The Commissioner has considered the tenant's claim that other
tenants were granted rent reductions for the very same conditions.
Though there exists similar complaints of other tenants, the actual
physical condition of the items complained of in each apartment
varies. The physical condition in the subject apartment did not
warrant a rent reduction.
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