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.: CI610100RT
DOCKET NO.: CA630091B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 2454 Tiebout Avenue, Apt. 5-K, Bronx, N.Y.
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 petition.
This proceeding was commenced on January 27, 1988, when several
tenants joined in filing a building-wide complaint asserting that
the owner had failed to maintain certain services in the subject
building. The tenants alleged that recently installed windows were
drafty and defective and that the boiler was defective.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who found that the boiler was not leaking and the
windows in the public areas were not defective.
In its petition for administrative review, the tenant states, in
substance, that the order should be reversed because the complaint
concerned the windows in the apartments which the inspector did not
The petition was sent to the owner on November 18, 1988. In
response, the owner urged that the petition be denied.
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, the DHCR
is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
The Commissioner finds that the tenant's petition does not
establish any basis for modifying or revoking the Administrator's
order which determined that, based on the inspection results, the
owner was maintaining required services and that a rent reduction
was not warranted. The tenants filed a building-wide complaint
which was properly treated by the Administrator as a complaint
regarding conditions in public areas. For defective windows within
the apartments, the tenants must file individual complaints so that
appropriate appointments can be made for inspection of the specific
conditions within each unit.
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