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.: CK110172RO
Kraus Management Inc.,
DOCKET NO.: BJ110015S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART, AND MODIFYING RENT ADMINISTRATOR'S ORDER
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 68-12 136 Street, Apartment B, Flushing,
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.
The tenant commenced the proceeding below by filing a complaint on
October 8, 1987, asserting that the owner had failed to maintain
the outer door lock and that the water temperature in the subject
In an answer, the owner stated that the items in the complaint are
the subject of an existing complaint which is the subject of an
appeal before the Appellate Division, Second Department. He
further stated that a stay was in effect against the implementation
of any DHCR order in connection with outer door locks and that the
stay was to remain in effect until the appeal is determined.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on August 11, 1988, who confirmed the existence of
the following defective conditions:
1. There is no lock on the outer door entrance.
2. Hot and cold water pressure fluctuates in the bathroom shower.
The Rent Administrator directed restoration of these services but
determined based on the evidence, that a rent reduction was not
In its petition for administrative review, the owner seeks
modification of the order, stating that a rent reduction for the
outer door lock was improper when this matter is the subject of
litigation to which the Division is a party and for which a stay is
in effect, and that a licensed plumber found the existence of a
water fluctuation problem, the repair was made to a mixing valve in
the boiler room, and two days later no problem was found.
The DHCR served a copy of the petition on the tenant December 21,
1988. The tenant answered that the defective conditions still
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and the Administrator's
order should be modified.
The Division's records confirm the owner's statement that the
matter of the front door locks was the subject of another
proceeding and that the directives to restore the locks building-
wide was stayed pending the determination of the appeals in that
case. It was improper for the Administrator to direct the owner in
the instant case to repair or install the entrance door lock while
a judicial stay was in effect. Accordingly, the item must be
deleted from the Administrator's order.
As to the problem of hot and cold water temperature fluctuating,
the record including the physical inspection adequately supports
the determination that the owner failed to repair this condition.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order to the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. The owner's petition does not establish any
basis for revoking the Administrator's determination based on a
physical inspection confirming that the hot and cold water
temperature fluctuates in the subject apartment. The owner was
directed to restore services, however, no rent reduction was
ordered. The owner submitted no evidence to the Administrator
establishing the completion of repairs prior to the issuance of the
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, granted in
part, and that the Rent Administrator's order be, and the same
hereby is, modified in accordance with this order and opinion.
JOSEPH A. D'AGOSTA