STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ABRAHAM NUSSBAUM, RENT ADMINISTRATOR'S
c/o SKYLINE ENTERPRISES, DOCKET NO.:
PREMISES: 43-15 46th St.
PETITIONER Long Island City, NY 11104
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 alleging, inter
alia, leaking roof.
The owner was served with a copy of the tenants' complaint on
August 8, 1988, and interposed an answer thereto alleging
inter alia, that a new roof had been installed.
On March 31, 1989, a physical inspection of the subject premises
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector reported that the roof was leaking causing
peeling paint and plaster.
On May 17, 1989, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and reducing the stabilized 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 $3.00.
In the petition the owner requests reversal of the Re t Adminis-
trator's order and alleges that a new roof has been installed,
that it does not leak, and attaches a copy of the ro f installa-
tion contract to the petition.
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 re
pairs and maintenance.
The Commissioner finds that the Rent Administrator properly based
the determination on the entire record; including the results of
the on - site physical inspection conducted on March 31, 1989 and
that pursuant to Section 2523.4(a) of the Code, the Rent Adminis
trator was mandated to reduce the rents 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, the 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
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 rents based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Evictions 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
JOSEPH A. D'AGOSTA