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.:
EDITH OPPENHEIMER RENT ADMINISTRATOR'S
d/b/a P & O REALTY COMPANY, DOCKET NO.:
PREMISES: 125 W. Tremont Ave.
PETITIONER Bronx, New York
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of a Re t Administrator's order concerning the above-
referenced premises wherein the owner was directed to restore
The tenants filed a building-wide complaint based on the owner's
alleged failure to maintain services alleging, inter alia, an
inoperable intercom, missing entrance and vestibule door locks,
broken hallway windows, and broken mailboxes.
The owner was served with a copy of the tenants' complaint on
October 19, 1989, and interposed an answer thereto alleging
that all repairs had been effectuated and that the intercom was
On May 25, 1990, a physical inspection of the subject premises
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector reported that certain complained of condi
tions were as alleged by the tenants.
On August 1, 1990, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and directing the owner to correct conditions. Since the tenants
had not requested a rent reduction in their complaint none was
ordered for the rent stabilized tenants. The one rent-controlled
tenant's monthly rental was reduced by $23.00.
In the petition the owner requests reversal of the Re t Adminis-
trator's order and alleges that the order w s arbitrary, capri-
cious, based on errors of law and fact and issued in violation of
the right to due process.
The Commissioner has carefully considered that portion of the
record relevant to the issues raised by the petition and is of
the opinion that this petition should be granted in part.
The Commissioner notes that no rent-controlled tenants had signed
the complaint. The owner was never given any notice that the
tenant of Apartment 6-H was being joined as a party o the pro-
ceeding absent his signature. Accordingly, the Commissioner
finds that the rent reduction granted to this tenant was in vio-
lation of the owner's rights to due process and must be revoked.
If there are arrears due the owner from the tenant of Apartment
6-H as a result of the issuance of this Order and Opinion the
tenant may pay off such arrears in fifteen equal monthly instal-
lments beginning with the first rent payment date after the
issuance of this order.
Required services are defined in Section 2520.6(r) of the Rent
Stabilization Code to include repairs and maintenance.
The Commissioner finds that the Rent Administrator properly based
the determination on the entire record; including the results of
the on - site physical inspection conducted on May 25, 1990 and
that he properly and correctly directed the owner to restore
services by correcting the conditions.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Evictions Regulations for New York City,
ORDERED, that this petition be, and the same hereby is, granted
in part and that the Rent Administrator's order be, and the same
hereby is, modified to the extent of revoking the rent reduction
granted to the tenant of Apartment 6-H. In all other respects
the Rent Administrator's order is affirmed.
JOSEPH A. D'AGOSTA