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.: DA410143RO
BEACWAY OPERATING CORP. RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On January 19, 1989 the above-named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 12, 1988. The order concerned housing
accommodations known as Apt. 1208 located at 2130 Broadway, New
York, N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on November 17, 1987 by
filing a Statement of Complaint of Decrease in Services wherein
she alleged that the owner was not maintaining certain required
apartment services including the failure to provide maid service
and the fact that the owner had not restored the apartment drapes
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on February
10, 1988 and stated, in relevant part, that the tenant had refused
the owner's offer to replace the drapes, desiring instead to have
the owner hang drapes of her choosing. The owner also stated that
a prior DHCR order had adjudicated the portion of the complaint
regarding maid service, ruling that the tenant was entitled to a
rent reduction when she voluntarily gave up maid service.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on September 8, 1988 and
revealed that maid service was not being provided and that the
drapes in question had not been replaced. All other services were
found to have been maintained.
The Administrator issued the order here under review on
December 12, 1988 and ordered a rent reduction based on the
On appeal the owner, represented by counsel, states that the
DHCR has already adjudicated the maid service issue in Docket No.
6365, issued July 17, 1985. The Administrator ruled that the
apartment registration statement should be amended to reflect the
fact that the tenant voluntarily gave up maid service and was
granted a $20.00 per month rent reduction. The Administrator also
found that the apartment furniture is the property of the tenant
and not the owner. With regard to the issue of the drapes, the
owner states that it was willing to restore them but the tenant
objected to the design and color the owner was using. The petition
was served on the tenant on February 24, 1989.
The tenant filed a response on March 9, 1989 and stated, in
sum, that the order here under review was correctly issued and
should be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
With regard to the issue of apartment maid service, the owner
is correct in stating that the DHCR has adjudicated the issued in
1985. In Order No. 6365 the Administrator ruled that the apartment
registration statement should be amended to reflect that the fact
that the tenant had voluntarily given up maid service and would be
granted a $20.00 per month rent reduction. The Commissioner also
notes that the owner has filed for rent restoration and, in Docket
No. DD410035OR, the Administrator found that the rent should be
restored based on the order issued in Docket No. 6365. The finding
regarding the maid service is revoked.
The finding regarding the drapes is also revoked. The
evidence of record, including a letter written by the complaining
tenant to the owner, supports the owner's contention to the effect
that the tenant refused the owner's offer to hang drapes, insisting
instead that she was dissatisfied with the owner's choice of style
and color. The Commissioner also notes that Order No. 6365 ruled
that the tenant was responsible for maintaining the furniture in
the apartment, which includes the drapes. The order here under
review is revoked.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. Any arrears owed by the tenant as a result of
this order and opinion may be paid off in twelve (12) equal monthly
installments or immediately if the tenant vacates the apartment.
JOSEPH A. D'AGOSTA