EJ 510227 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.: EJ 510227 RO
EL-KAM REALTY COMPANY,
DRO DOCKET NO.: EC 510613 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 12, 1990, the above-named petitioner-owner timely
refiled an Administrative Appeal against an order issued on
August 8, 1990, by the District Rent Administrator, 92-31 Union
Hall Street, Jamaica, New York, concerning the housing
accommodations known as 536 East 89th Street, New York, New York,
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment based on a
reduction of repairs and services.
The District Rent Administrator's order, appealed herein, found
that there had been a diminution of services and, therefore,
reduced the rent of the subject apartment to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the order. The following service
deficiencies were cited in the order:
1. Leaks in apartment
2. All windows rotted and hard to open
3. Unpleasant odors
4. Kitchen stove unusable
On appeal, the petitioner-owner claimed, in essence, that the
tenant was the cause of all the problems in the subject
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code.
EJ 510227 RO
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 for 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 Commissioner finds that the Administrator properly based his
determination on the results of an impartial inspection held on
June 22, 1990 which bears greater probative value than t e self-
serving and unsupported allegations of the owner; 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.
In its petition, the owner cites DeMartini v. Eimicke, 551 N.Y.S.
2d 286 (App. Div., 2nd Dept., 1990), which allegedly set forth
the proposition that tenant-induced damage must be considered by
the District Rent Administrator (DRA) in determining whether a
rent reduction is warranted.
The Commissioner notes that in the instant proceeding, not a
scintilla of evidence was submitted by the owner to support its
claim that the tenant was causing the problems in the subject
Accordingly, the Commissioner finds that the District Rent
Administrator properly determined that the owner had failed to
maintain services, and correctly reduced the rent of the subject
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application with the Division for a
restoration of rent based upon the restoration of services, if
the facts so warrant.
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, denied
and the order of the District Rent Administrator be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA