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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 15, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on May 18,
1988 by the Rent Administrator, concerning the housing
accommodation known as 40 East 17 Street, Apt. 2B, Brooklyn, N.Y.,
wherein the Administrator determined that a rent reduction was not
warranted but directed the owner to restore the service by
correcting the condition of a missing bedroom door.
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 by the tenant of a
complaint of decrease in services dated September 12, 1987. The
tenant listed numerous apartment conditions requiring repair,
including "door broken off hinges in bedroom."
An inspection conducted by a DHCR inspector on March 16, 1988
disclosed that all conditions had been corrected with the exception
that there was no bedroom door. The Administrator's order of May
18, 1988 directed the owner to restore the service, but otherwise
did not grant a rent reduction.
In the petition for administrative review, the tenant asserts that
she should receive a rent reduction "because of the amount of time
which had past and no action was taken."
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. A rent reduction is ordered only if the evidence
establishes that services are not being maintained at the time the
order is issued, and is not designed to compensate tenants for past
Based on the facts in this case, including the report of inspection
which confirmed that numerous repairs had been made to
substantially all the conditions in the complaint, the Commissioner
finds that the Administrator properly directed the condition be
corrected without a rent reduction, and that such decision was not
arbitrary, improper, or an abuse of discretion.
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