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.:
Cape Management Corp.,
ORDER AND OPINION GRANTING, IN PART, PETITION FOR
The above-named owner filed a timely petition for administrative
review of an order issued on June 28, 1989 concerning the housing
accommodation known as 899 Montgomery Street, Apartment T-1,
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.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
completed or that all required services were provided.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector observed mildew on the walls and
ceiling of a bedroom and evidence of roach and rodent infestation
in the kitchen. Other conditions cited in the complaint were not
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In this petition for administrative review, the owner, in
substance, contends that the inspection conducted almost a year
after the complaint was filed and after the owner painted the
apartment, and which found that the bedroom had mildewed walls and
ceiling, was not a proper basis for a rent reduction. The owner
also reiterates that apartments are exterminated on a permanent
monthly basis and asserts that the tenant's apartment "had a
special service on June 9, 1988 ...." at the tenant's request.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted, in part.
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
The Commissioner finds that, as the complaint failed to cite the
mildew condition, and that as no condition cited was the proximate
cause thereof, the mildew condition must be revoked as a predicate
for the rent reduction, as the owner did not have notice of the
condition until receipt of the Rent Administrator's order.
However, the owner's petition does not establish any further basis
for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The record reflects that the owner made a good faith effort to
exterminate. Notwithstanding that the record shows that the owner
provided periodic exterminator services over a period of time, and
provided special exterminator services on at least one occasion,
the services were not effective. This was confirmed by the
inspection, which revealed that there remained evidence of
Division records also indicate that the Rent Administrator issued
an order on January 29, 1990 under DG210043OR, denying the owner's
rent restoration application, and that this determination was not
The rent will be restored only when an owner's application to
restore rent is filed and granted.
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, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA