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.: DA420189RO
PERLE MANAGEMENT RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 25, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 28, 1988. The order concerned housing
accommodations known as Apt. 74 located at 101 West 78th Street,
New York, N.Y. The Administrator directed restoration of services
and ordered a rent reduction for failure to maintain required
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on January 8, 1988 by
filing a Statement of Complaint of Decrease in Services and stated,
in sum, that the owner was not maintaining certain required
apartment services. The tenant indicated on the complaint that the
apartment is rent controlled.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on March 21,
1988 and stated, in sum, that the tenant's complaint had been
investigated and that either the cited conditions did not exist or
that the required repairs had been made.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on December 5, 1988 and
revealed that the hallway ceiling and walls are waterstained. All
other services were found to be maintained.
The Administrator issued the order here under review on
December 28, 1988 and ordered a rent reduction of an amount equal
to the percentage of the most recent guideline adjustment for the
tenant's lease commencing prior to April 1, 1988.
On appeal the owner, represented by counsel, states that the
subject apartment is rent controlled and not rent stabilized and
that the apartment had been recently painted. The order was served
on the tenant on February 24, 1989.
The tenant filed a response on March 6, 1989 and stated that
the subject apartment is subject to rent control and that the order
here under review is correct in that the condition cited by the
Administrator was not repaired.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order affirmed as modified herein.
The Commissioner is of the opinion that the Administrator
correctly determined that the owner was not maintaining the service
cited in the rent reduction order. The DHCR inspector who reported
the waterstained ceiling and wall is neither a party to this
proceeding nor an adversary. The inspector's report is entitled to
more probative weight than the assertions of the owner.
The Commissioner finds, however, that the Administrator erred
in granting a rent stabilized rent reduction to this rent
controlled tenant. Accordingly, the order here under review is
modified to revoke the rent stabilized rent reduction and order a
rent reduction of $5.00 per month effective the first rent payment
date following December 28, 1988. The owner is advised to file a
rent restoration application if the conditions have been repaired.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, affirmed as modified herein.
JOSEPH A. D'AGOSTA