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.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
AND REVOKING RENT ADMINISTRATOR'S ORDER
The above-named petitioner-owner filed a timely petition for admin-
istrative review (PAR) of an order issued concerning the housing
accommodation known as 1137 63rd Street, Apartment A-20, Brooklyn,
The Commissioner has reviewed all of 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
February 19, 1987, asserting that the owner had failed to maintain
services in the subject apartment. Specifically, the tenant
alleged that there is no superintendent in the building, the
entrance door to the apartment is loose, plaster is falling from
under hall window and the electricity in building overloads and the
lights blow out.
In an answer, the owner denied the allegations set forth in the
complaint and otherwise asserted all required repairs had been or
would be completed if the tenant would allow access into her
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on
August 13, 1987. The inspector reported that the leak damaged
walls and ceilings had been corrected and the electrical wiring
appeared to be sound. At a second inspection on October 9, 1987,
the inspector reported that the buzzer and intercom were defective
and the apartment entrance door was loose and ill-fitting.
By notice dated March 8, 1988, both parties were directed to be
present at the apartment on March 17, 1988. The inspector reported
that the bell and buzzer system was operable, the electric power
was adequate, but the apartment entrance door was loose and ill-
fitting. The inspector's report states that both parties agreed
that the entrance door would be repaired in the early part of
The Rent Administrator issued the order appealed herein on April 8,
1988, directing the owner to repair the front entrance door and
ordering a rent reduction of $5.00 per month.
In its petition for administrative review, the owner states, in
substance, that during the inspection, it was agreed by all parties
that the door would be repaired by early April and that all neces-
sary repair work was completed by the stipulated date.
The DHCR served a copy of the petition on the tenant on July 15,
After careful consideration, the Commissioner is of the opinion
that the administrative appeal should be granted and the Admin-
istrator's order revoked.
Pursuant to Section 2202.16 of the Rent and Eviction Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and removal of refuse.
In the instant case, the owner asserted that the tenant had pre-
vented access for the purpose of making repairs. It is undisputed
that at the inspection at which both parties appeared, it was
agreed that the work would take place by the early part of the
following month. It was improper for the Rent Administrator to
order a rent reduction without investigating whether the repairs
had been done in accordance with the agreed upon time frame.
Accordingly, the Commissioner finds that the rent reduction order
issued under Docket No. BB220383S on April 8, 1988, should be
revoked. The tenant may file a new complaint if the repairs to the
door were done in an unworkmanlike manner.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby, is
revoked. Any arrears due to the owner as a result of this order
may be paid in the amounts of $5.00 per month until all arrears are
repaid pursuant to Section 2202.24 of the Rent and Eviction
JOSEPH A. D'AGOSTA