DI 410007 RO
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.: DI 410007-RO
Robert Handler, Nominee, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: CL 430077-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 12, 1989 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on August 8, 1989
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
279 East 44th Street, New York, New York, Apt. 14-F.
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 in the administrative appeal.
The issue herein is whether the District Rent Administrator
properly issued a building-wide rent reduction order for the sub
ject premises, based upon dirty public area rugs and worn and
torn public area wallpaper.
The District Rent Administrator's order, appealed herein, reduced
the maximum legal regulated rent for the subject apartment to the
level in effect prior to the last rent guideline increase, which
commenced before the effective date of the order.
This order was based upon an inspection held on June 19, 1989,
which showed that the public area rugs were dirty and the wall-
paper worn and torn. No evidence of dirty or rusty water was
On appeal, the petitioner-owner requests reversal of the District
Rent Administrator's order and contends that the tenant's
complaint should dismissed. The owner stated that the tenant's
complaint concerned complaints of a de minimus and cosmetic
nature and that the District Rent Administrator never afforded
him an opportunity to correct the conditions alleged in the
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The tenant initiated this proceeding by filing a Statement of
Complaint of a Decrease in Building-Wide services on December 22,
1988, claiming, inter alia, that the owner is not maintaining
public area rugs and wall paper.
The file reveals that a copy of the tenant's complaint was mailed
DI 410007 RO
to the owner on January 11, 1989 and that he filed an answer
thereto, on February 15, 1989. The answer noted that the
corridor carpeting and wall covering, although old, is still
serviceable and that they are regularly cleaned.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply for a reduction of the legal regulated rent and
the DHCR shall so reduce the rent for the period for which it is
found that the owner has failed to maintain required services as
defined in Section 2520.6(r) to include repairs and maintenance.
The inspection held on June 19, 1989, supported the tenant's
The file clearly reveals that the owner was afforded an
opportunity to respond to the tenant's complaint and that he, in
fact, did so on February 15, 1989.
The Commissioner finds, therefore, that there is no basis to the
owner's argument that he had no opportunity to make the repairs;
nor is there any basis to the owner's claim that the requested
repairs were of a minor or cosmetic nature.
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had failed to maintain
services based on the evidence of record, including the results
of the physical inspection of the subject premises, and correctly
reduced the rent of the subject accommodation.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Administrator's order be, and the same hereby is,
Upon a restoration of services the owner may separately apply for
a rent restoration.
JOSEPH A. D'AGOSTA