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 GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART, AND MODIFYING RENT ADMINISTRATOR'S ORDER
On June 16, 1988, the above-named petitioner-owner filed a peti-
tion for administrative review (PAR) of an order issued on May 19,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as 8320 Bay Parkway, Brooklyn, New York, Apartment C-14,
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 August 2, 1987, the tenant filed a complaint alleging that the
owner was not maintaining services. More specifically, the tenant
alleged, in pertinent part, that the toilet bowl was leaking; that
the kitchen sink was backing up; that the floors throughout the
apartment are defective; that a garbage stench emanating from the
basement permeates the apartment; that the cold water gate valve in
the bathroom is inoperable; that there is a roach infestation
problem and that the window frames are rotten.
The owner filed an answer to the complaint on November 20, 1987,
alleging that the leak was repaired; that extermination services
are regularly provided; that all windows have been replaced and
that all other service complaints are without basis.
A DHCR inspection conducted on March 18, 1988, revealed that:
1. Garbage odor in tenant's apartment from basement.
2. Bathroom cold water valve defective.
3. Vermin infestation in apartment.
On appeal the petitioner-owner asserts, in pertinent part, that the
tenant has been filing similar or overlapping complaints against
it, which have no basis in fact because the deficiencies specified
by the tenant have been corrected or were non-existent, and that
rent reductions have already been ordered for some of the same
The petition was served on the tenant on July 28, 1988.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be granted in part.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain essential services may result in an order of decrease
in maximum rent, in an amount determined by the discretion of the
Rent Administrator, to reflect the decreased rental value because
of the decrease in services. Once a rent reduction is ordered for
a particular service decrease, a second reduction may not be
ordered for the same items.
The Division's records reveal that an order was issued on January
15, 1988 in Docket No. BG210045B reducing the rent for the tenant's
apartment by $3.00 per month for "Garbage cans kept in cellar
directly below tenant's apartment where fumes from garbage cans
come through cellar ceiling into tenant's apartment." Since this
is essentially the same as "Garbage odor in tenant's apartment from
basement" in the order appealed herein, the $2.00 rent reduction
for that item must be revoked.
Similarly, a $4.00 rent reduction was ordered on May 15, 1988 in
Docket No. BH220385S for "Vermin Infestation", requiring revocation
of the $4.00 rent reduction for the same condition in the order
As for the defective cold water valve, the physical inspection on
March 18, 1988 confirmed the existence of this condition and there
was no prior rent reduction for the same item. The $2.00 reduction
ordered by the Administrator for this conditions is affirmed.
The Commissioner notes that the owner's application for a
restoration of rent was granted on March 4, 1991, under Docket No.
THEREFORE, in accordance with the provisions of the Rent and Evic-
tion Regulations for New York City, it is
ORDERED, that this administrative appeal be, and the same hereby
is, granted in part, and the Rent Administrator's order be, and the
same hereby is, modified to delete $6.00 of the rent reduction
attributable to the garbage order and vermin infestation and to
affirm the $2.00 reduction for the defective cold water valve. The
tenant may pay any arrears due as a result of this order in
installments of $6.00 per month until all arrears are repaid.
JOSEPH A. D'AGOSTA