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.:
JAIME ASSOCIATES, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 12, 1990, the above-named owner-petitioner filed a
Petition for Administrative Review of an order issued on December
18, 1989 by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, NY, concerning the housing accommodation known as 102-30
Queens Boulevard, Apt. 2P, Forest Hills, NY, wherein the
Administrator directed the restoration of services, further finding
that a rent reduction based thereon was warranted.
The issue in this appeal is whether the Administrator's order was
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 by the administrative appeal.
This proceeding was commenced on August 19, 1989 by the subject
tenant filing a complaint of decrease in services, alleging
numerous defective conditions in need of repair including a cracked
ceiling in the living room.
On August 31, 1989, a copy of the complaint was forwarded to the
owner. The owner filed an answer stating, in pertinent part, that
the tenant had not given prior notice of any of the items listed in
the complaint and that all services had been maintained.
On December 5, 1989, a Division staff member made a physical
inspection and the inspector reported, among other things, that
there was a crack in the living room ceiling.
On December 18, 1989, the Administrator issued the order hereunder
review, reducing the tenant's rent to the level that was in effect
prior to the last rent guidelines increase based on the inspector's
finding of a crack in the living room ceiling.
In the petition for administrative review, the owner seeks reversal
of the order, stating that it purchased the subject building in
December, 1988 at which time the records of the prior owner
revealed the subject tenant's apartment was last painted in April,
1984, and the tenant never requested a painting job, which would
have been provided if requested. The owner also submits its own
letter to the tenant dated December 20, 1989 wherein the tenant is
requested to arrange a mutually convenient access date with the
The tenant did not file an answer to the petition.
The Commissioner is of the opinion that the owner's petition should
Pursuant to Section 2523.4 of the Rent Stabilization Code, a tenant
may apply to the DHCR for a reduction of the legal regulated rent
to the level in effect prior to the most recent guidelines
adjustment, and the DHCR shall so reduce the rent for the period
which it is found that the owner has failed to maintain required
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The evidence of record shows that the Administrator based his
determination on the entire record, including the results of the
Division's December 5, 1989 inspection results which showed there
was a crack in the living room ceiling. Therefore, the
Commissioner finds that the Administrator correctly determined that
the owner had failed to maintain services and properly reduced the
Although the tenant is said to have never requested painting, the
record shows that the complaint was sent to the owner on August 31,
1989, thereby putting the owner on notice as to the item in ques-
tion. As such, the owner had three and one half months to repair
the ceiling crack prior to the issuance of the Administrator's
order. Moreover, the petitioner admits it was cognizant the
apartment had not been painted for a period in excess of three
years upon its review of the prior owner's records in December,
The owner's December 20, 1989 letter requesting an access date was
sent after the issuance of the order and does not establish that
the order was not warranted.
The Division's records reveal that the owner's rent restoration
application was denied on August 15, 1990 (DRO Docket No. EA-
110043-OR). The rent reduction remains in effect until an order
restoring rent is issued by the DHCR.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner