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.:
J H J REALTY CO.,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On June 5, 1989, the above-named petitioner-owner filed a Petition
for Administrative Review (PAR) against an order of the Rent
Administrator issued on May 8, 1989. The order concerned housing
accommodations located at 55 West 105th Street, Apartment 1,
New York, New York. The Administrator directed restoration of
services and ordered a rent reduction for failure to maintain
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
The proceeding below was commenced on March 3, 1988, when the
tenant filed a Statement of Complaint of Decrease in Services in
which it was alleged, in substance, that the owner was not
maintaining certain required services.
The owner was served with a copy of the complaint and afforded an
opportunity to respond. The owner filed a response on June 28,
1988 and stated, in sum, that required services were being
maintained and that it had made necessary repairs.
An inspection of the subject apartment was conducted on April 18,
1989 and revealed the following:
1. Apartment entrance door lock is defective.
2. Bathroom door out of line, does not close
On appeal, the petitioner-owner asserted, in pertinent part, that
the conditions upon which the rent reduction was based, were, in
fact, not defective, and that the condition concerning the apart-
ment entrance door lock was not part of the tenant's original
The tenant filed a response on September 19, 1989 and stated that
the specified conditions were indeed defective and were still in
After careful review of the evidence in the record, the Commis-
sioner is of the opinion that the petition should be granted in
part and the order here under review should be affirmed as modified
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.
A review of the complaint confirms that the tenant never made a
specific complaint regarding a defective apartment entrance door
lock. The complaint regarding the apartment entrance door did not
refer to the lock but instead alleged that the front door did not
fit properly, leaving a gap between the door and doorway which
causes drafts. The inspector did not so report. Accordingly, the
finding regarding this condition must be revoked.
The balance of the Administrator's order is affirmed. The Commis-
sioner notes that the tenant may apply to the DHCR for a rent
reduction based on the owner's additional failure to maintain
The Commissioner finds that the Administrator based all findings,
except those regarding the defective apartment entrance door lock,
on the entire record including the results of the physical inspec-
tion described above. The Commissioner affirms the rent reduction
ordered for this rent stabilized tenant based on the defective
condition not revoked by this order, namely, the defective bathroom
Division records indicate that the owner had filed an application
to restore the rent which was granted on January 24, 1990, under
Docket No. DF410215OR.
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
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