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.: CL210078RO
165 S 9 Realty Corp.,
DOCKET NO.: CA210218S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 878 Driggs Avenue, Apt. 7C, Brooklyn, 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.
The tenant commenced the proceeding below by filing a complaint on
January 19, 1988, asserting that the owner had failed to maintain
certain services in the subject apartment such as the leaking roof,
poor plumbing, leaking pipes in the kitchen, toilet clogs and
overflows, discolored walls, windows falling out, and holes in the
In an answer dated March 18, 1988, the owner denied the allegations
set forth in the complaint or otherwise asserted that all required
repairs had been or will be completed and that this was the first
time they had heard of these defective conditions.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on September 28, 1988, who confirmed the existence
of the following defective conditions:
1. Hallway ceiling is slightly discolored due to water seepage
2. There is water leakage under kitchen sink.
3. A. Living room: three windows - top sashes of the three
windows do not open. Part of left window is cracked. Center
and right windows are missing a lock. Bottom sash of center
window is loose - hazardous. Bottom sash of right window does
B. Second bedroom: one window lock is inoperative - bottom
sash is loose. Top sash does not move. Hallway window and
bathroom windows are defective.
C. Master bedroom: two windows - right window top sash does
not open. Bottom sash does not stay open. Lock is missing.
Left window is missing lock.
D. Diningroom: two windows - left window is missing lock. Top
sash does not open. Bottom sash does not stay down. Right
window is missing lock. Top pane is cracked. Bottom sash
does not stay down.
E. Kitchen: one window chain is broken. Top sash does not
open. Lock is missing. All exterior window frames are
The following conditions were found by the inspector to have been
1. No evidence of defective or decaying walls.
2. No evidence of holes in wooden floor.
3. No evidence of clogged toilet.
Based on the inspector's report, the Rent Administrator directed
restoration of services and further ordered, a reduction of the
In its petition for administrative review, the owner states, in
substance, that they assumed management of the building in June
1987 and received no copy of the original complaint nor are they
familiar with any answer being given.
The DHCR served a copy of the petition on the tenant on March 10,
1989. The tenant answered that new windows were installed
throughout the apartment but they do not open, the refrigerator was
not supplied by the owner, the living room has a water leak in the
ceiling, and the stove does not have an operating oven.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner has considered the owner's claim that it did not
receive the tenant's complaint and rejects this argument.
The same entity who filed the petition responded to the tenant's
complaint on March 18, 1988 and an inspection of the apartment six
(6) months later on September 28, 1988 still revealed the defective
The Administrator's order was properly based on the on-site
inspection which confirmed the existence of defective conditions in
the subject apartment. Accordingly, the determination was in all
respects proper and is hereby sustained.
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 on September 28, 1988 confirming the existence
of defective conditions in the subject apartment for which a rent
reduction is warranted.
The owner may file a rent restoration application if the facts so
warrant. The rent will not be restored until a rent restoration
application is filed and granted.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
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