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.: DK230054RO
DOCKET NO.: CL230051B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on October 10, 1989, concerning the
housing accommodations known as 170 New York Avenue, Brooklyn, New
York, wherein the Rent Administrator determined the tenants'
complaint of building-wide services decreases.
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 tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject building. The tenants did not request a rent
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed the existence of many of the
conditions cited in the complaint.
The Rent Administrator directed the owner to restore the services
and further, ordered a rent reduction for the controlled tenants,
predicated on the following conditions:
1. No evidence of resident superintendent. No sign posted in
subject premises providing superintendent's name, address and
telephone number where he may be reasonably reached.
2. No bell-buzzer system at building entrance door.
3. Rear exit door padlocked. Multiple Dwelling Law requires
automatically self-locking and self-closing door readily
operable from the inside without the use of a key.
4. Walls and ceilings peeling paint and plaster.
5. Eastside third floor landing tread defective.
6. Large sections of sidewalk missing concrete around building.
7. Eastside third floor landing window panes broken and
8. Repairs needed on fence around building. Top and lower
railings not attached to the fence.
In the petition for administrative review the owner, in substance,
requests that the rent reduction be rescinded on the ground that
the tenants had not requested a rent reduction. The owner also
asserts that conditions cited in the order have been corrected.
After careful consideration, the Commissioner is to the opinion
that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code provides that a
tenant may apply for a rent reduction based on allegations that the
owner has failed to maintain required services. Since the tenants
did not request a rent reduction on their complaint, the Rent
Administrator directed the owner only to correct the various
defective conditions as to the rent stabilized tenants.
However, unlike the rent stabilization provisions, rent control
regulations do not require tenants to request a rent reduction.
Section 2202.16 of the Rent and Eviction Regulations sets forth
that the "Administrator may order a decrease of the maximum
rent...". The rent control rent reductions granted were proper and
should be affirmed.
The owner's further contention that the defective conditions have
been corrected raises new facts or evidence that were not before
the Rent Administrator, and does not otherwise raise any valid
issue regarding the correctness of the order based on the record
presented to the Rent Administrator.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. The owner is advised to
file an application if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Code, and the
Rent and Eviction Regulations, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied and that the Rent Administrator's order be and the same
hereby is, affirmed.
LULA M. ANDERSON