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
APPEALS OF DOCKET NO.
LEVSHIRE REALTY CO.,
DISTRICT RENT ADMINISTRATOR'S
PETITIONER DC 220410-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 29, 1990, the above named owner timely refiled a peti-
tion for administrative review of an order issued on May 24,
1990, by a District Rent Administrator concerning the housing
accommodations known as Apartment 3-K, 1122 Ocean Avenue,
Brooklyn, New York, wherein rent was reduced due to a diminution
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 petition for review.
On March 21, 1989, the subject tenant filed an application for a
rent reduction based on the owner's failure to maintain certain
services, to wit: a defective intercom.
The tenant's complaint was served upon the owner, which inter-
posed an answer thereto contending, in substance, that no
diminution of service had occurred. It contended that the
intercom worked well but that the tenant was hearing-impaired and
that visitors stood too far away from the mouthpiece when
On May 3, 1990, a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the intercom
was defective. The report further noted that the audio was not
loud enough or clear and that he could not hear the visitors.
On May 24, 1990, the Administrator issued the order here under
review finding that a diminution of service had occurred and
reducing the rent to the level in effect prior to the last rent
guideline increase which commenced before the effective date of
the rent reduction.
In its petition for administrative review the owner requests
reversal of the Administrator's order. The owner reasserts the
contentions made before the Administrator, namely that the
intercom works well, that the tenant is hearing impaired, and
that the visitors do not stand close enough to the intercom
mouthpiece when speaking. The owner submits an invoice from an
intercom repairman dated June 5, 1990 stating that the intercom
in the tenant's apartment was not in need of repair. Finally,
the owner states it has never been served with a copy of the
inspector's report of May 3, 1990.
In his reply, the tenant acknowledges that he does wear a hearing
aid, but notes that other people without hearing impairments can
not hear over the intercom in his apartment as well. He further
alleges that the intercom is thirty-five years old and outdated.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
First, pursuant to Section 2523.4(a) of the Rent Stabilization
A tenant may apply to the DHCR for a reduc-
tion 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 for which it is found
that t e owner has failed to maintain re-
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on May 3, 1990, and that
pursuant to Section 2523.4(a) of the Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain services.
Second, the owner stated that it was not served with a copy of
the inspector's original report. The DHCR is not mandated to
serve a copy of this report on any of the parties.
This order and opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby