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.: CF210110RT
DOCKET NO.: BK210011B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 14, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on June
3, 1988, by the Rent Administrator, concerning the housing
accommodation known as 1176 Ocean Avenue, Brooklyn, N.Y., Apt. 1-E,
wherein the Administrator determined that a reduction in rent was
not warranted based upon a reduction in services. The Rent
Administrator, however, directed restoration of peeling wallpaper
in the hallway.
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 denied
the tenants' application for a reduction in rent.
On November 5, 1987, the tenants filed a building-wide complaint
alleging that the owner failed to maintain required services.
The owner filed an answer to the complaint alleging that the
tenants' complaint is without merit and that all services are being
maintained throughout the building.
A DHCR inspection conducted on March 3, 1988, revealed that the
owner was maintaining all services and repairs specified in the
complaint with the exception of the wallpaper in the hallway which
was found to be peeling.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the owner failed to correct all service deficiencies enumerated in
The petition was served on the owner on August 12, 1988, and on
September 15, 1988, the owner filed an answer to the petition
stating that all repairs are done promptly; that extermination
services are taken care of promptly by a licensed exterminator;
that laundry equipment belongs to an independent contractor and
that there is no evidence of any other service deficiency
throughout the building.
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 or 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.
The record clearly shows that the Rent Administrator in denying the
tenants' application for a rent reduction, based his findings on
the results of an inspection, held by the DHCR on March 3, 1988,
which revealed that the owner was providing all required services
specified in the tenants' complaint except for the hallway
wallpaper, which was found to be peeling.
The Commissioner deems it appropriate to rely on the results of the
Division's inspection and finds that the petitioner failed to
adduce convincing evidence that the inspector's findings were
erroneous in any way.
This order is without prejudice to the tenants' continuing right to
file an appropriate application with the DHCR Compliance Bureau to
enforce the owner's obligation to replace the peeling wallpaper, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and
that Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA