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.: DB610254RT
DOCKET NO.: CD630086B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review against an order issued on January 23, 1989 concerning the
housing accommodation known as 740 Gerard Avenue, Apartment D124,
Bronx, New York, wherein the Rent Administrator determined the
tenants' complaint of decreased elevator 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 petition.
The tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises in that one of two elevators in the building
had been inoperative for almost a year.
In an answer, the owner asserted that it had entered into a
contract to repair, refurbish and rehabilitate the elevators.
Thereafter, an inspection of the subject premises was conducted by
a DHCR inspector who confirmed the elevator services had been
restored. Based on the inspector's report, the Rent Administrator
terminated the proceedings.
In the petition for administrative review, the tenant argues that
he is entitled to some compensation for the time the services were
After careful consideration, the Commissioner is of the opinion
that the petition for administrative review should be denied.
The record before the Rent Administrator indicated that the owner
was preparing for major repairs to the elevator equipment the month
after the tenant filed the complaint and that repairs were
completed. The inspector reported that the elevators were
operating properly at the time of the inspection, conducted six
months after the tenant filed the complaint. The DHCR will not
normally grant a rent reduction for a complaint of decreased
services where, as here, the Rent Administrator can properly
conclude from the evidence presented that repairs have been made
and that services are being provided.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Law and Regulations for New York City,
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