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.:DH110489RO
Kriesel Company c/o RENT ADMINISTRATOR'S
Edward T. Braverman, P.C., DOCKET NO.:DE110608S
215-40 47 Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 7, 1989 concerning the housing
accommodations relating to the above-described docket number.
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 on May 19, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied some of the allegations in the complaint
and otherwise asserted in substance that services are being provided
Therafter, on July 24, 1989, a physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed that
the bathroom ceiling and walls are peeling paint and plaster, water-
stained and cracked.
By an order dated August 7, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the defects
in the bathroom are de minimis when so many other complained-of
conditions were corrected.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
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 services.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the July 24, 1989
physical inspection which confirmed that the bathroom ceiling and
walls are peeling paint and plaster, water-stained and cracked. The
Commissioner finds that these defective conditions are not de
minimis and thus warrant a rent reduction.
The status of the owner's rent restoration applications is as
follows: DH110248OR denied on May 1, 1990 and FA110227OR granted on
August 15, 1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
LULA M. ANDERSON