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.:
PETITIONER DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 16, 1988, the above-named petitioner-owner filed a peti-
tion for administrative review (PAR) of an order issued on May 16,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 8320 Bay Parkway, Brooklyn, New York, Apartment B-24,
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 September 2, 1987, the tenant filed a complaint alleging that
the owner was not maintaining services. More specifically, the
tenant alleged that the bathroom ceiling was in a state of
disrepair; that the doorbell is inoperative and that the apartment
was last painted nine years ago.
In an answer to the complaint the owner submitted a copy of a
statement dated November 12, 1987, and purportedly signed by the
tenant sating that all necessary repairs were completed to the
tenant's satisfaction. The Division of Housing and Community
Renewal (DHCR) requested that the tenant verify his statement, but
the tenant failed to do so.
A DHCR inspection conducted on March 14, 1988, revealed that the
ceiling and walls throughout the apartment are peeling paint and
are plaster-leak damaged.
On appeal the petitioner-owner asserted, in pertinent part, that it
tried on numerous occasions to get a painter to paint the apartment
but that the painters refused to enter the premises because of an
offensive odor which emanates from the apartment.
The petition was served on the tenant on July 30, 1988.
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.
A review of the record before the Administrator shows that although
the owner submitted a statement purportedly signed by the tenant
acknowledging that repairs were completed by the owner, a subse-
quent DHCR inspection determined that the walls throughout the
apartment were in a state of disrepair.
The Commissioner notes that the petitioner's PAR stated that
painting services were not rendered because of the painters'
refusal to enter the apartment. This was not raised below and in
fact, corroborates the results of the inspection.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
The Commissioner further finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site physical inspection conducted on March 14, 1988 and
that pursuant to Section 2523.4(a) of the Code, the Administrator
was mandated to reduce the rent upon determining that the owner had
failed to maintain services.
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.
Upon restoration of services the owner may separately apply for a
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA