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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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PAUM SALES CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CA610244S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 10, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) of an order issued on
January 17, 1989, by the Rent Administrator, concerning the housing
accommodation known as 4140 Carpenter Avenue, Bronx, New York,
Apartment 2-A, wherein the Administrator determined that a reduc-
tion in rent was warranted based upon a reduction in services, and
directed a restoration of services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment, based on a finding of reduced
services.
On January 11, 1988, the tenant filed a complaint alleging that
there was a diminution of services in the subject apartment.
The owner filed an answer to the complaint alleging that all
required repairs were made.
A Division of Housing and Community Renewal (DHCR) inspection con-
ducted on October 24, 1988, revealed that:
1. The apartment doorbell is not working.
2. The bedroom radiator cut-off valve is defec-
tive.
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On appeal, the petitioner-owner asserted, in pertinent part, that
all required repairs were made.
The petition was served on the tenant on March 23, 1989, and on
April 12, 1989, the tenant filed an answer to the petition stating
that the owner failed to make all the repairs and that those re-
pairs that were done were not made in a timely manner.
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 for 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 Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on October 24, 1988, and that
pursuant to Section 2523.4(a) of the Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain services.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. The owner is advised to
file such an application if the facts so warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code,it is
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ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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