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.: CG630104RO
FORTY MARCY LTD. RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On July 20, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 21, 1988. The order concerned various
housing accommodations located at 38 Marcy Place, Bronx, N.Y. The
Administrator directed restoration of services and ordered a rent
reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
This proceeding was commenced on October 19, 1987 when 1 rent
stabilized tenant filed a Statement of Complaint of Decrease in
Building-wide Services and alleged, in sum, that the owner was not
maintaining certain required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on December
10, 1987 and stated that the conditions cited in the tenant's
complaint would be repaired and that the building did not have an
intercom system nor had it ever had one.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 18, 1988 and
revealed the following:
1. Defective master mailbox locks,
2. Intercom system has been removed from the subject
3. Defective public hallway windows on the second,
third, fourth and fifth floors,
4. Lobby windows in need of cleaning.
The Administrator issued the order here under review on June
21, 1988 ordered a rent reduction of $14.00 per month for three
rent controlled tenants. The rent stabilized tenant who filed the
complaint did not request a rent reduction so the Administrator
issued an order directing restoration of services.
On appeal the owner states, in sum, that in Docket No.
AA600085B the tenants were granted a rent reduction for the
condition relating to the lack of intercoms and that the tenants
may not receive two rent reductions simultaneously for the same
condition. The owner also stated that the intercom system had been
replaced, the mailboxes repaired and the windows cleaned. The
petition was served on the tenants on September 6, 1988.
Two tenants filed responses and confirmed the owner's
allegations to the effect that services had been restored.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and that the order here under review should be affirmed as
The Commissioner notes that, pursuant to the Rent
Stabilization Code and Rent and Eviction Regulations tenants may
apply to the DHCR for rent reductions based on the owner's failure
to maintain required or essential services. Required or essential
services are defined as those services the owner was required to
maintain on the applicable base date, including repairs and
With regard to the directive to restore services, the
Commissioner finds that the Administrator's order is correct as all
services based on the results of the above-described physical
inspection. The owner's petition has not rebutted the inspector's
With regard to the rent reduction ordered for rent controlled
tenants, the Commissioner is of the opinion that the $14.00 per
month rent reduction should be revoked because no rent controlled
tenant signed the complaint. In order for the jurisdiction of the
Rent Control Law to be invoked, at least one rent controlled tenant
must join in filing the complaint. Since none of the rent
controlled tenants did so, the rent reduction ordered by the
Administrator must be revoked.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, affirmed as modified herein. If arrears are
owed the owner based on the Commissioner's determination herein the
arrears may be paid off in installments of $14.00 per month or
immediately if any tenant vacates.
JOSEPH A. D'AGOSTA