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.: CG210113RO
DOCKET NO.: BJ210025B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 27, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on June 23,
1988, by the Rent Administrator, concerning the housing
accommodation known as 1447 East 2nd Street, Brooklyn, N.Y.,
various apartments, wherein the Administrator determined that a
reduction in rent was warranted based upon a reduction in services.
The appealed order also stated that the owner failed to file an
answer to the tenants' complaint.
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 rent regulated apartments in the subject building.
On September 14, 1987, the tenants filed a building-wide complaint
alleging that the owner failed to maintain services in the
The owner filed an answer to the complaint, on December 16, 1987,
alleging that the intercom, front door handles and radiator air-
valve have all been repaired or replaced and are all in good
working order. The owner further alleged that the superintendent
always keeps the building and hallways in spotless condition.
A DHCR inspection conducted on March 21, 1988, revealed that the
public area hallways were dirty and littered; that the building
front entrance door has a defective lock, the door handle is loose
and that the lobby radiator is defective.
On appeal, the petitioner-owner asserted, in pertinent part, that
contrary to the Rent Administrator's statement in the appealed
order, he filed an answer to the tenants' complaint and that all
service deficiencies specified in the complaint were corrected.
The petition was served on the tenants on September 6, 1988 and on
September 22, 1988, the tenants filed answers to the petition
stating that either repairs were not made at all or that they were
made in an unworkmanlike manner.
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.
Section 2202.16 of the Rent and Eviction Regulations provides that
an owner's failure to maintain services may result in an order of
decrease in maximum rent, in a amount determined by the discretion
of the Rent Administrator.
The Commissioner has considered and rejects the petitioner's claim
on appeal that the required repairs were made prior to the issuance
of the Rent Administrator's order.
A copy of the tenants' complaint was mailed to the owner on
December 2, 1987, and the Rent Administrator's order was issued on
June 23, 1988.
It is apparent that the owner had approximately seven months to
attend to the complained-of conditions, but failed to do so prior
to the issuance of the Rent Administrator's order.
The inspector's report showed that as of March 21, 1988, the owner
failed to correct all of the service deficiencies specified in the
The Commissioner notes that the Rent Administrator erred in noting
in the appealed order that the owner failed to answer the tenants'
complaint. The record shows clearly that an answer was filed on
December 16, 1987 and considered below.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
The Commissioner finds, that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on March 21, 1988, and that
pursuant to Section 2523.4(a) of the Code and Section 2202.16 of
the Rent and Eviction Regulations, the Administrator was authorized
to reduce the rent upon determining that the owner had failed to
As regards the rent stabilized tenants, 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.
The Commissioner notes that the owner's rent restoration
application was granted on May 11, 1989 (Dkt. No. CI210060OR).
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City and the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby, is affirmed.
JOSEPH A. D'AGOSTA