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.:
PLANNING EFFICIENCY MGMT., RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on January 11, 1990, concerning the
housing accommodations known as 25 Maple Avenue, Apartment 2-H,
New York, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that he had contracted to have
Thereafter, on December 20, 1989, the Division of Housing and
Community Renewal (DHCR) conducted an inspection of the subject
apartment. The DHCR inspector observed and reported that the
bathroom wall and ceiling had peeling paint and plaster.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In this petition for administrative review, the owner, in substance
asserts that the tenant signed a statement dated November 2, 1989,
to the effect that the owner's contractors had completed all work
to the tenant's satisfaction. A copy was submitted with the peti-
In an answer, the tenant points to the fact that the DHCR
inspection occurred after the completion of repairs, but that about
one month thereafter the bathroom paint was blistering and flaking,
and that leaks had recurred.
After careful consideration, the Commissioner is of the opinion
that the petition must be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective condi-
tions in the subject apartment for which a rent reduction is
warranted. The owner's repairs failed to eliminate the underlying
cause of the defective conditions observed or, otherwise, were
completed in an unworkmanlike manner.
The owner may file a rent restoration application if the facts so
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this Petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
LULA M. ANDERSON