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.: DF410165RT
WILLIAM P. SHORT III RENT ADMINISTRATOR'S
DOCKET NO.: CH430122B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 8, 1989, the above-named petitioner-tenant filed a petition
for administrative review (PAR) of an order issued on May 5, 1989,
by the Rent Administrator, concerning the housing accommodation
known as 44 West 62nd Street, New York, New York, Apt. #26-E,
wherein the Administrator determined that the tenant's application
for a reduction in rent should be denied based upon the evidence in
the record, which showed that services have been restored.
The owner was directed to replace two (2) potted trees by the main
building entrance within thirty (30) days. If not replaced, the
tenant was advised to contact the DHCR so that appropriate legal
action can be taken.
The Commissioner has reviewed all of 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 owner's application for a rent reduction.
On August 8, 1988, the tenant filed a complaint alleging that the
owner was not maintaining sundry services.
The owner filed and answer to the complaint on June 16, 1989,
alleging that there has been no decrease in storage space provided
to the tenants; that the owner was not obligated to provide certain
other services noted in the tenant's complaint as they were not
required services and that all other service deficiencies were
A DHCR inspection conducted on March 31, 1989, revealed that
storage service is being provided in the basement; that rental
tenants were not being charged a fee for open space storage; that
the air to the top half of the building is "tempered air" or
outside air which is not heated by the building's regular heating
system and that the potted trees were removed.
On appeal, the petitioner-tenant asserted, in pertinent part, that
he has been denied free basement storage; that the potted trees
have been removed and that the heating ventilation and air
conditioning in the hallways at the top half of the building is
The petition was served on the owner on July 24, 1989.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4 (a) of the Rent Stabilization Code, 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 or 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 record clearly shows that the Rent Administrator in denying the
tenant's application for a rent reduction, based his findings on
the results of an inspection, held by the DHCR on March 31, 1989,
which revealed that the owner was providing all required services
specified in the tenant's complaint except two potted trees by the
main building entrance.
The Commissioner deems it appropriate to rely on the results of the
Division's inspection and finds that the petitioner failed to
adduce convincing evidence that the inspector's findings were
erroneous in any way.
This order is without prejudice to the tenant's continuing right to
file an appropriate application with the DHCR Compliance Bureau to
enforce the owner's obligation to replace the two potted trees by
the main building entrance, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law & Code, it is
ORDERED, that this petition be, and the same hereby is, denied and
that Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA