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.:EC410111RO
General Property Mgmt./ RENT ADMINISTRATOR'S
John D. Goldman, DOCKET NO.:CG410374S
420 West 46 Street
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 22, 1990 concerning the
housing accommodations relating to the above-described docket
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 July 20, 1988 by filing a
complaint asserting that the owner had failed to maintain the air
conditioner which has been mounted in the wall of the apartment
since he moved in in 1980.
In answer, the owner asserted that he did not provide this air
conditioning unit as indicated by a copy of the attached 1984
The tenant advised DHCR by a letter filed on November 3, 1989 that
he sweated through two hot summers without air conditioning.
Thereafter on February 5, 1990, a physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed the
existence of a defective air conditioner in the subject apartment.
By an order dated February 22, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that the air conditioner was
not a required service.
The owner submitted again a copy of the 1984 apartment registration
concerning an apartment of four (4) rooms. It is noted that the
tenant's apartment has two (2) rooms, not four (4).
The owner also submitted a one-page copy of a 1988 Order to Show
Cause; however, there is nothing in this submission about the air
In answer, the tenant asserted that the air conditioner was already
in the apartment when he moved in 1980; that the 1984 apartment
registration submitted by the owner is wrong because his apartment
has only two (2) rooms, not four (4) as registered; and that the
1988 Court case he had with the owner has nothing to do with the air
conditioner. The tenant submitted letter from three (3) other
tenants who resided in the building at that time, stating that all
the apartments in the building were provided air conditioner in
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
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain services. The
owner's petition does not establish any basis to modify or revoke
the Administrator's determination based on the record showing that
the air conditioner was mounted as an apartment fixture since 1980.
An apartment services registration is not conclusive as to what
services were being provided, and such registration may be
challenged by the tenant. Additionally, there is no evidence to show
the owner formally applied to DHCR to discontinue this service.
Accordingly, the Commissioner finds correct the Administrator's
determination based on the February 5, 1990 physical inspection
which found the existence of a defective air conditioner, warranting
a rent reduction.
This Order and Opinion is issued without prejudice to the owner's
right to file a rent restoration application if the facts so
THEREFORE, in accordance with 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 is, affirmed.
LULA M. ANDERSON