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.:EC410142RO
A and H Associates, RENT ADMINISTRATOR'S
131 West 85 St.
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 26, 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 February 28, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on May 11, 1989, the owner denied the allegations
and otherwise asserted that "the tenant has filed the instant
complaint in a desperate attempt to have his rent arrears reduced by
some amount"; and that all repairs have been "diligently attended to
and completed." The owner also alleged in relevant part that the air
conditioner was not a required service as indicated by a 1984
apartment registration copy; that thousands of dollars were spent to
reduce the amount of noise emanating from the water pump as shown by
copies of paid bills; and that the tenant failed to carpet and
soundproof the apartment as required by the lease.
On February 5, 1990, a physical inspection of the subject apartment
was conducted by a DHCR staff member who confirmed that the bathroom
had peeling paint and plaster due to water leaks; the refrigerator
was defective, the freezer compartment temperature 46@F, the food
compartment temperature 20@F; the air conditioner was defective,
filthy, in poor condition and needing replacement; there was a
humming noise in the apartment; the living room had cracks and
evidence of water leaks; and the kitchen and bathroom required
By an order dated February 26, 199O, the Administrator directed the
restoration of services and ordered the reduction of the stabilized
In this petition, the owner contends in substance that services are
being maintained and provided despite the inspection report.
In answer, the tenant denied the allegations in the petition.
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 an owner has failed to maintain required
services. The petition does not establish any basis to modify or
revoke the Administrator's determination based on the February 5,
1990 physical inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA