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.: DK510313RO
Stellar Management Co.,
DOCKET NO.: CJ510714S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 22, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
November 16, 1989, by the Rent Administrator, concerning the
housing accommodation known as 575 West 175th Street, New York,
N.Y., Apt. 34, wherein the Administrator determined that a
reduction in rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of 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 administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment based upon a diminution in
On October 15, 1988, the tenant filed a complaint alleging that the
owner failed to maintain required services throughout the subject
apartment. The tenant did not request a rent reduction in the
The owner filed an answer to the complaint alleging that all
necessary repairs have been made in the subject apartment.
A DHCR inspection conducted on October 31, 1989, revealed that:
1) Kitchen faucet leaks water from hot and cold water
valves; also the P-trap was taped up with
electrical tape (unworkmanlike repair).
2) Bathroom door was warped and swollen, door does not
3) Bathroom cold water faucet has low water pressure.
4) Toilet was defective, water runs continuously.
5) Front door to apartment was dented and door lock
6) Hot water temperature in bathroom reads 115@ F.
7) Burners, pilots on oven and stove were inoperative.
8) Floors throughout were uneven and pitch in various
The following items were found to be maintained:
1) No evidence of holes in apartment floors
On appeal, the petitioner-owner asserted, in pertinent part, that
the tenant failed to request a rent reduction on the complaint and
that, therefore, a rent reduction should not have been imposed.
The petition was served on the tenant on February 7, 1990.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted in part.
A review of the tenant's complaint shows that a rent reduction was
Pursuant to Section 2523.4(a), of the Rent Stabilization Code, the
Division is required to order a rent reduction based on a finding
of failure to maintain services only when a tenant applies for a
rent reduction. Error was committed, therefore, when the Rent
Administrator issued a rent reduction for the subject tenant. The
Commissioner notes, however, that the owner remains obligated to
restore services and risks additional penalties for failing to
Pursuant to Section 2520.6(r) of the Rent Stabilization Code, the
definition of services that an owner is required to maintain
includes repairs, maintenance, and janitorial services. Therefore,
based upon the findings of the inspection held on October 31, 1989,
the Administrator properly directed the owner to restore services.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is,
ORDERED, that the administrative appeal be, and the same hereby is,
granted in part, and that the Administrator's order be, and the
same hereby is, modified, to revoke the rent reduction for the
subject tenant as provided hereinabove. The order of the Rent
Administrator is hereby affirmed in all other respects.
The tenant may pay any arrears in rent arising as a result of this
order and opinion in twenty-four equal monthly installments.
LULA M. ANDERSON