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.:EC210253RO
Jerry Lebedowicz, RENT ADMINISTRATOR'S
166 North 7th Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review against an order of the Administrator issued
on February 14, 1990 concerning the housing accommodations relating
to the above-described docket number.
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 on October 3, 1988 by
filing a complaint asserting among other things that "the apartment
door needs to be replaced."
In answer, the owner denied the allegations in the complaint,
stating that "there is nothing wrong with the door to the
apartment, the door is made of steel and it locks properly."
Thereafter, a physical inspection of the subject apartment was
conducted on January 25, 1990 by a DHCR staff member who reported
that "the apartment door frame is bent out-of-line at the door jamb
left side of door".
By an order dated February 14, 1990, the Administrator
directed the restoration of services and ordered a reduction of the
In this petition, the owner contends in substance that the
defective apartment door frame was not alleged in the tenant's
complaint which stated that "the apartment door needs to be
DHCR mailed a copy of the petition to the tenant on May 14,
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is authorized to order a rent reduction upon application by a
tenant where it is found that the owner has failed to maintain
required services. The allegation that the tenant did not complain
of the apartment door frame but of the apartment door is without
merit; the tenant's complaint was sufficient notice to the owner to
diligently investigate any repair or replacement so that the
apartment door functions properly. Accordingly, the owner's
petition does not establish any basis to modify or revoke the
Administrator's determination based on a January 25, 1990
inspection which confirmed the existence of defective conditions,
warranting a rent reduction.
The owner may file a rent restoration application if the facts
The automatic stay of the retroactive rent reduction that
resulted by the filing of this petition is vacated upon issuance of
this Order and Opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby,
JOSEPH A. D'AGOSTA