EH 610334 RO
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.: EH 610334 RO
DISTRICT RENT ADMINISTRATOR
R. Goldberg DOCKET NO.: DF 610504 S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 31, 1990, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
August 17, 1991 by the Rent Administrator of the Gertz Plaza,
Jamaica, District Rent Office, concerning the housing
accommodations known as 1545 Rhinelander Avenue, Apt. 1M, Bronx,
The Administrative Appeal is being determined pursuant to
the provisions of 9NYCRR 2523.4.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
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.
On June 21, 1989 the tenant filed a complaint of decrease in
services, alleging among other conditions complained of, the
following: leak in the bathroom ceiling; toilet doesn't flush
properly periodic lack of heat and hot water; ground outside
building was dug up and never replaced, leading to rat
In its answer, dated August 1, 1989, the owner responded to
the above complaint by stating that the claim had been settled to
tenant's satisfaction. Owner included in its answer a letter,
signed by the tenant purportedly agreeing that repairs had been
made and that tenant wished to withdraw her complaint.
On May 30, 1990 a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report
found that the bathroom ceiling had a new crack after repair, but
that the other conditions complaint of had been repaired.
On August 17, 1990, the Rent Administrator issued an order
based on the report of the physical inspection, reducing the
legal regulated rent by the percentage of the most recent
guidelines adjustment for the tenant's lease which commenced
EH 610334 RO
before August 1, 1989, the effective date of the order, and
directing the owner to refund to the tenant all amounts collected
in excess of the reducing rent since the above mentioned
In its petition, the owner contends that the Administrator
did not consider the owner's answer to the tenant's complaint in
making its decision. The owner reiterated its answer to the
tenant's complaint made below.
The Commissioner is of the opinion that this petition should
be granted in part.
An examination of the record reveals that tenant signed a
letter stating that repairs had been done to her satisfaction,
and that such letter was submitted by owner below. Nevertheless,
the physical inspection report disclosed the complained of
conditions existed and, the Commissioner finds that the rent
reduction is warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is
granted to the extent of remanding this proceeding to the
District Rent Administrator for further processing in accordance
with this order and opinion. The automatic stay of so much of
the District Rent Administrator's order as directed repairs and a
retroactive rent abatement is hereby continued until a new order
is issued upon remand. However, the Administrator's
determination as to a prospective rent abatement is not stayed
and shall remain in effect until the Administrator issues a new
Order upon remand.