STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DG210068RO
DOCKET NO.: CD210114S
ORDER AND OPINION GRANTING, IN PART, PETITION
FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 5, 1989 concerning the housing
accommodations known as 9524 Fort Hamilton Parkway, Apt. 407,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. The tenant complained, in pertinent part,
that the owner had painted the apartment only once in fourteen
years, compelling the tenant to do so, and noting that the tenant
"had repeatedly asked [the owner] for a new shower head...."
In an answer, the owner denied the allegations set forth in the
complaint asserting that all required repairs had been completed.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector's report stated that the "tenant had
painted the apartment at [her] own expense", that the living room
ceiling had leak damage that had occurred after the painting, and
that the bathroom shower head was defective.
The Rent Administrator directed the owner to restore these services
and further, ordered a reduction of the stabilization rent.
In his petition for administrative review, the owner makes the bare
assertion that the apartment had been painted since the complaint.
The owner also states that he was not aware of the leak damage
which was of recent origin, but acknowledges that the defective
shower head had been an oversight, which would be rectified, and
characterizes the condition as de minimis.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted, in part, as more fully set
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. Pursuant to provisions of the City Housing Maintenance
Code, owners of buildings are required to paint apartments every
Neither the record below nor the owner's petition establishes that
the owner painted the apartment every three years, as required.
Based on the record, the Rent Administrator's conclusion that the
owner had failed to paint the apartment as required, was reasonable
and should be affirmed.
The owner is correct, however, that a rent reduction was not
warranted for the living room ceiling leak damage, as the owner did
not have notice of the condition until receipt of the Rent
In accordance with the above, the Rent Administrator's order is
amended to reflect that the rent reduction was warranted based on
a finding that the owner had failed to paint the apartment at the
required interval, in accordance with the City Housing Maintenance
Code. The Rent Administrator's order is further amended to delete
evidence of living room ceiling water leaks as a predicate for the
rent reduction. In all other respects, the Rent Administrator's
order is affirmed.
The owner may file a rent restoration application if the facts so
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 Rent Stabilization Law and Code,
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 in accordance with the above.
JOSEPH A. D'AGOSTA