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.:
JACOB RIEGER, RENT ADMINISTRATOR'S
1820 Avenue N
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on November 29, 1989 concerning the
housing accommodations relating to the above-described docket
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on October 17, 1988 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment, such as plastering and
painting as a result of leaks from the apartment above and a
defective antenna as well as a missing antenna resulting from
negligence of owner's repairmen doing repair work in the roof
In answer, the owner denied the allegations in the complaint and
otherwise asserted that repairs were completed; the entire
apartment was painted and plastered; and the tenant acknowledged
same on October 26, 1988.
Thereafter, a physical inspection of the subject apartment was
conducted on November 9, 1989 by a DHCR staff member who confirmed
that the bathroom ceiling was plastered but needed painting; the
plaster was stained in a small area of the kitchen ceiling; the
plaster near the light fixture in the kitchen ceiling was cracked;
the living room, bedroom, kitchen and bathroom were being plastered
and needed painting; and the plaster above the east window of the
master bedroom was crumbling and peeling.
On November 16, 1989, another inspection was conducted by a DHCR
staff who reported that there was one TV antenna with a defective
cable, and that a second antenna was missing.
By an order dated November 29, 1989, the Administrator directed the
restoration of services and ordered a reduction of the maximum
legal rent by $20.00 for the conditions in the living room, bedroom
kitchen and bathroom, and $3.00 for the conditions of the antennas.
In the petition for administrative review, the owner contends that
the tenant signed an acknowledgement that the painting was
satisfactory on October 26, 1988; a leak reoccurred and was
subsequently plastered and painted prior to the issuance of the
order; and the TV antennas were the tenant's responsibility.
In answer, the tenant stated in substance that the owner did the
first job of painting in an unworkmanlike mannner; the owner
obtained her signature before the leak reoccurred; the owner had
sufficient time to complete repairs before the inspection, but
failed to do so; these conditions were long neglected by the owner
even before the complaint; the antennas were broken by the owner's
workers during repairs on the roof and storm windows in preparation
for conversion to cooperative ownership; and the owner attempted,
but failed, to repair these antennas.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been
a decrease in essential services, furnishings or equipment, among
The petition offered no reason to revoke or modify the
Administrator's determination based on the November 9 and 16, 1989
inspections which found that the owner failed to maintain essential
services, warranting a rent reduction. The alleged acknowledgement
that the painting was satisfactory on October 26, 1988 is disputed
by the tenant and belied by the inspection report.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The status of the owner's rent restoration applications is as
follows: EA220070OR granted in part on October 16, 1990 and
EA220029OR denied on November 1, 1990.
The automatic stay of the rent reduction as a result of the filing
of the petition is vacated upon issuance of this Order and Opinion.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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,
JOSEPH A. D'AGOSTA