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.: DC110380RT
DOCKET NO.: CG130065B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 21, 1989, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
March 9, 1989, by the Rent Administrator, concerning the housing
accommodations known as 31-06 38th Street, Apt.#23, Astoria, New
York, wherein the Administrator determined that the owner restored
all services excepting the painting of the building entrance door.
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
directed the owner to restore entrance door painting services.
On July 18, 1988, the tenant filed a complaint alleging that the
owner failed to maintain services throughout the building.
A DHCR inspection conducted on January 31, 1989, revealed that the
following services had been restored.
1. The public areas are clean, the superintendent
identification sign is properly posted.
2. No evidence of broken vestibule area steps.
3. The face of the building is clean.
4. The building entrance door is in good condition.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the Rent Administrator erred by not reducing the rent based on the
owner's failure to paint the building entrance door.
The petition was served on the owner on May 15, 1989 and on May 24,
1989 the owner filed an answer to the petition stating that it
complied with the Rent Administrator's directive to paint the
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
With regard to the tenant's claim that the Rent Administrator erred
by failing to reduce the rent, the Commissioner finds this argument
to be without merit.
A review of the complaint shows that the tenant did not request a
Pursuant to Section 2523.4 (a), of the Rent Stabilization Code, the
Division is required to order a rent reduction, upon application by
a tenant, based on a finding of failure to maintain services. No
error was committed, therefore, when the Rent Administrator did not
issue a rent reduction for the subject rent stabilized tenant.
The Commissioner notes, however, that the owner remains obligated
to restore services and risks additional penalties for failing to
The Commissioner finds, therefore, that pursuant to Section
2523.4 (a) of the Rent Stabilization Code, the Administrator was
authorized to not order a rent reduction when the tenant had not
If the owner has not restored building entrance door painting
services, the tenant may commence a non-compliance proceeding with
the DHCR Compliance Bureau.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the administrative appeal be, and the same hereby
are, denied and that the Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA