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.:
Cheltenham Associates, RENT ADMINISTRATOR'S
PREMISES: Apt. 12D
155 East 38th. 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 21, 1990 concerning the
housing accommodations relating to the above-described docket
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below by filing on October 13,
1988 a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In answer, the owner denied some of the allegations in the
complaint and otherwise asserted in substance that many of the
complained-of conditions had been repaired. The owner also
submitted a copy of a letter from the repairman stating that the
tenant refused access to the repairman to have the dishwasher
Thereafter, a physical inspection of the apartment was conducted on
January 26, 1990 by a DHCR staff member who confirmed the existence
of defective conditions.
By an order dated February 21, 1990, the Administrator directed the
restoration of services and ordered a rent reduction for these
1. The dishwasher door was broken on inside.
2. The wallpaper was bubbled on the bathroom ceiling.
3. There was a hairline crack on the bedroom wall.
4. The apartment entrance door needs slight readjustment due
to a small space allowing noise into the apartment.
In the petition for administrative review, the owner contends in
substance that its own investigation revealed the non-existence of
items #2, #3 and #4; and that it submitted in the proceeding below
a copy of a letter from the repairman stating that the tenant
refused access to the repairman for the dishwasher to be repaired.
In answer, the tenant denied refusing access to the repairman and
otherwise asserted in substance that the owner never gave proper
notice as to access dates; that "quality work, not a quick fix",
was needed in this situation; that this matter can be closed once
the owner properly schedules access dates to install the dishwasher
and complete the other repairs in a workmanlike manner, and that
the copy of the repairman's letter is "self-serving and untrue".
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 owner's petition does not establish any basis for
modifying or revoking the Administrator's determination based on
the January 26, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction. The allegation
of repairs is belied by the inspection report in the proceeding
below and unsubstantiated in the petition.
Regarding the allegation of tenant refusing access for repairs to
the dishwasher, the Commissioner finds no proof of access dates
being scheduled to repair the dishwasher. In addition, the tenant
disputed the contention that he was properly notified of an access
date for repairing the dishwasher.
The Commissioner notes that the owner's rent restoration
application (EC410159OR) was granted on April 11, 1991.
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, in accordance with the Rent Stabilization Law and Code,
it is ,
ORDERED, that this petition be, and the same hereby is, denied, and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA