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.:
610 W. 178 STREET REALTY CO., DOCKET NO.:
610 West 178th Street
PETITIONER New York, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of a Re t Administrator's order concerning the above-
referenced premises wherein the rents of the regulated tenants
were reduced due to a diminution of services.
The tenants filed an application for rent reductions based on the
owner's alleged failure to maintain services in the building.
The owner was served with a copy of the tenants' complaint on
September 8, 1988, and interposed an answer thereto alleging that
the conditions had been corrected.
On January 26, 1989, a physical inspection of t e subject prem-
ises was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector noted in his report that certain
complained of conditions were as alleged by the tenants.
On April 7, 1989, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and reducing the tenants' rents to the levels in effect prior to
the last rent guideline increases which commenced before the
effective date of the rent reductions. The rent controlled
tenants monthly rentals were reduced by $12.50.
In the petition the owner requests reversal of the Re t Adminis-
trator's order and alleges that the cited conditions either did
not exist or had been corrected. It further alleges that the
lack of a master mailbox keys was the fault of the post office.
The tenants interposed an answer thereto wherein they alleged in
substance that none of the cited conditions were corrected prior
to the issuance of the order under review.
The Commissioner has carefully considered that portion of the
record relevant to the issues raised by the petition and is of
the opinion that this petition should be denied.
Section 2523.4(a) of the Rent Stabilization Code provides:
"A tenant may apply to the DHCR for a reduc-
tion 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 t e owner has failed to maintain re-
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner finds that the administrator properly based his
determination on the entire record; including the results of the
on-site physical inspection conducted on January 26, 1989 and
that pursuant to Section 2523.4(a) of the Code, the administrator
was mandated to reduce the rent upon determining that the owner
had failed to maintain services.
Section 2202.16 of the Rent and Eviction Regulations provides
that if the owner fails to maintain services, t e Rent Adminis-
trator may order a decrease in the maximum rent in an amount
which the Rent Administrator, in his discretion, may determine.
The record in the instant case reveals that the tenants com-
plained about certain conditions at the premises and a physical
inspection of the premises confirmed that these conditions indeed
The Commissioner notes that while the owner questions the find-
ings of fact the record clearly reflects those findings by virtue
of DHCR inspection which occurred on January 26, 1989.
Moreover, the owner had seven months from the date of service of
the tenant's complaint until the issuance of the administrator's
order to investigate the tenant's complaints and to make the
necessary repairs, but failed to do so.
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had not corrected conditions
and for this reason rent reductions are warranted.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Eviction Regulations for New York City,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner