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.: DG420041RO
DOCKET NO.: CC420128RP
(By Remand under
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 6, 1989, concerning the housing
accommodations known as 124 West 93rd Street, Apartment 2F, wherein
the Rent Administrator, on remand from an administrative appeal,
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 these proceedings by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment in that the owner had failed to repair or
replace defective window shades. Based on an inspection the Rent
Administrator reduced the tenant's rent by $4.00 effective
September 1, 1986. Upon administrative appeal, the Commissioner
revoked the rent reduction order based on a finding that the owner
had not been served the complaint, and remanded the proceeding to
the Rent Administrator for further processing.
In the proceeding pursuant to the order of remand, the tenant
reiterated that the current owner refused to repair or replace the
tenant's window shades although previous owners had done so since
1960. The owner stated that the prior owner informed him that
window shades were never provided to any tenant, and points to the
fact that leases had a clause stating that window shades would not
be provided or installed. The owner also points out that the 1984
apartment registration for the subject apartment did not list
On June 6, 1989, the Rent Administrator issued the order pursuant
to remand, which is the subject of the instant appeal. Based on a
finding that the owner had failed to counter the tenant's
allegation that past owners replaced window shades when needed, the
Rent Administrator affirmed the rent reduction for failure to
maintain services, effective July 1, 1989.
In this petition for administrative review the owner, in substance,
disputes the Rent Administrator's finding that the owner had not
countered the tenant's allegation that prior owners replaced
defective window shades. The owner contends that the situation
involves a question of one person's credibility against another's,
and is absent actual proof. The owner also points to the response
below which indicated that it was the prior owner's practice not to
provide window shades, and that the 1984 services registration by
the prior owner did not include window shades as a service provided
by the owner.
After a careful consideration of the evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the DHCR may order a rent reduction where it is found that the
owner has failed to maintain essential services, provided on the
base date, and which may include but are not limited to repairs,
decorating and maintenance.
As successor-in-interest to prior owners, the owner must maintain
and present adequate records to establish the services provided on
the base date, which the owner failed to do. The owner's reliance
on the lease provision in the rent stabilized leases for other
accommodations in the subject building, and the initial 1984
services registration for the subject apartment, is misplaced.
They fail to address the tenant's assertion that repair and
replacement of window shades was a service provided to the tenant
since the April 30, 1962 base date for services for rent controlled
accommodations, and thereafter.
The rent will be restored only when an owner's application to
restore rent is filed and granted. The owner is advised to file
such an application if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations for
the City of New York, it is
ORDERED, that the petition for administrative review be, and the
same, hereby is denied, and that the Rent Administrator's order
pursuant to remand be and the same hereby is, affirmed.
LULA M. ANDERSON