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.: CK410063RT
DOCKET NO.: CE430057B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 1, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
October 21, 1988, by the Rent Administrator, concerning the housing
accommodation known as 435 West 23rd Street, New York, New York,
Apt. 5-A, wherein the Administrator determined that a reduction in
rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
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 administrative appeal.
The issue herein is whether the Rent Administrator properly denied
the tenant's service reduction complaint.
On May 18, 1988, two tenants joined in filing a building-wide
complaint alleging that the owner failed to maintain building-wide
services. More specifically, the tenants complained of a faulty
water-pump which vibrated; thus making sleep difficult.
The owner filed an answer to the complaint alleging that the
subject tenants are the only two tenants who complained about the
water-pump out of a universe of 99 apartments and that the
complaints had no merit.
A DHCR inspection scheduled for August 22, 1988, was cancelled by
the tenant on the ground that the vibrating water-pump is heard
only at night and that a day time inspection would prove fruitless.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the vibrating water-pump now occurs all day and night and
consequently a new inspection should be scheduled.
The petition was served on the owner on January 19, 1989, and on
February 7, 1989, the owner filed an answer to the petition stating
that the tenant's claim about a faulty water-pump is without basis
After a careful consideration of the entire evidence or record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) a tenant may apply to the Division of
Housing and Community renewal (DHCR) for 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 Commissioner has considered and rejects the petitioner's claim
that a new inspection should be scheduled by the DHCR.
The file shows that on September 6, 1988, the petitioner submitted
a signed statement explaining his cancellation of the inspection
scheduled for August 22, 1988, as follows:
This condition is heard only during the late night hours
and I was told that you do not go out for inspections
during evening hours. This condition has not been
resolved to my satisfaction.
Accordingly, the Commissioner finds that the Administrator properly
based his determination on the entire record, including the
petitioner's written statement of September 6, 1988.
The Commissioner further finds that the petitioner failed to adduce
convincing evidence that the Rent Administrator had erred in any
If the facts show that the water-pump is vibrating night and day,
this order is without prejudice to the tenant's continuing right to
file an appropriate application for a rent reduction with the DHCR.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby, is
JOSEPH A. D'AGOSTA