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.: CG510005RO
DOCKET NO.: CC510116S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 1, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on June 2, 1988,
by the Rent Administrator, concerning the housing accommodation
known as 870 St. Nicholas Avenue, New York, N.Y., wherein the
Administrator determined that a reduction in rent was warranted
based upon a reduction in services.
The Commissioner has reviewed all of 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 March 4, 1988, the tenant filed a complaint alleging that the
owner failed to maintain services.
The owner filed an answer to the complaint on March 20, 1988,
alleging in pertinent part, that all necessary repairs were made to
the subject apartment.
A DHCR inspection conducted on April 12, 1988, revealed the
1. Apartment front door does not close properly - lock
2. Living room ceiling is bulging-leak damage and
peeling paint and plaster.
3. Refrigerator fresh food compartment is 35 degrees.
Frozen food compartment is 28 degrees.
4. Door leading from living room to bedroom has a
broken pane. Kitchen door is missing.
On appeal, the petitioner-owner asserted, in pertinent part, that
he was not notified of the proceedings below because the Rent
Administrator mailed the notice of proceedings to the incorrect
address and that all necessary repairs were made.
The petition was served on the tenant on August 23, 1988 and on
August 27, 1988, the tenant filed an answer to the petition stating
that although some repairs were made by the owner, 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 petition should be denied.
Pursuant to Section 2523.4 (a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a 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.
The record shows that not only was the owner notified of the
proceedings before the Rent Administrator but it had actually filed
an answer on March 20, 1988.
Accordingly, having been a full participant in the proceedings
below, the owner may not now claim lack of notice.
The DHCR inspection conducted on April 12, 1988, demonstrated that
the owner was not maintaining required services.
It is clear that the owner had adequate notice of the proceedings
before the Rent Administrator and that he was accorded sufficient
time to complete all repairs but had failed to do so.
The Commissioner finds, therefore, that the petitioner was not
deprived of its due process rights and that the Administrator
properly based the determination on the entire record, including
the results of the on-site inspection conducted in the subject
Upon a restoration of services the owner may separately apply for
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.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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