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.: CJ210134RO
Wyndham Realty Co.,
DOCKET NO.: CH210204S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 24, 1988, the above-named petitioner-owner filed a
petition for administrative review of an order issued on October
17, 1988 by the Rent Administrator, concerning the housing
accommodation known as 4509 Sixth Avenue, Apt. 21, Brooklyn, N.Y.,
wherein the Administrator issued an order listing the specific
services the owner failed to maintain, reduced the rent, and
directed the owner to restore services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of a decrease in services dated August 10, 1988, alleging
various conditions as a result of fire damage in the apartment. A
copy of the tenant's complaint was served on the owner who
responded on September 12, 1988, stating that all repairs were
promptly made, and enclosing work orders signed by the tenant.
An inspection conducted by a DHCR staff inspector on September 16,
1988 disclosed that the living room ceiling was not properly
repaired in that the repaired portion covering one half of the
living room ceiling now extends 4" below the original ceiling.
Further work needed on bedroom and living room walls was noted.
The inspection also disclosed that the living room window openings
were boarded up.
In the PAR, the owner states that the tenant signed off on the work
orders for all work done on the premises and enclosed copies of
same. Owner also advised that the living room windows were
installed on October 5, 1988, and asked for a reinspection and
restoration of the rent.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The evidence of record does not indicate that the Administrator was
notified of the repair of the living room windows prior to the
issuance of the order. The work orders signed by the tenant do not
mention this particular repair.
As for the work orders, they all pre-date the complaint and the
Division's inspection disclosed that some of the repairs to walls
and ceiling were done in an unworkmanlike manner.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction is
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