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.:DH430139RO
El Kam Realty Co. RENT ADMINISTRATOR'S
c/o Jacobs and Zins, DOCKET NO.:CK430036B
34O East 66th Street
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on July 12, 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.
Various tenants commenced this proceeding on November 3, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject building.
On December 1, 1988, DHCR mailed a copy of the complaint to the
Thereafter, a physical inspection of the subject building was
conducted on April 27, 1989 by a DHCR staff member who confirmed the
existence of the following defective conditions:
1) The windows in the hallways are defective (cracked glass and
2) Seven mailboxes are unlocked.
3) The names are missing from the bell/buzzer panel.
By an order dated July 12, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the
conditions are de minimis, not warranting a rent reduction.
In answer, various tenants decried the continued existence of
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
authorized 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 Section 2202.16 of the Rent and Eviction
Regulations, the Administrator may impose a rent reduction when
there has been a reduction in services.
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the April 27, 1989
inspection which confirmed that the windows in the hallways are
defective (cracked glass and broken handles); seven mailboxes are
unlocked; and the names are missing from the bell/buzzer panel.
The Commissioner finds these conditions not de minimis but serious
defects warranting a rent reduction.
The owner's rent restoration application (HH430021OR) was granted on
June 14, 1994.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
Rent and Eviction Regulations 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.
JOSEPH A. D'AGOSTA