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.:
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 February 22, 1990, concerning
the housing accommodations known as 80 East 7th Street, Apartment
1-B, New York, New York, wherein the Rent Administrator determined
the tenant's complaint of decreased service.
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, and otherwise asserted that the complainant was not the
legal registered tenant and that, moreover, the tenant had refused
the owner access to make repairs.
Thereafter, the Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject apartment. The DHCR
inspector reported severe peeling paint and plaster and holes in
the living room, bathroom and kitchen ceilings, water leaks in the
kitchen ceiling, and no electrical outlet in the bathroom.
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 sub-
stance, reiterates that the tenant refused the owner access to make
repairs and enclosed letters from the DHCR Enforcement Bureau,
dated March 6 and March 20, 1990, to the effect that the harassment
proceedings would be terminated because the tenant had failed to
cooperate with the owner's efforts to effect repairs.
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 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
The owner failed below to submit evidence in support of the
allegation that the tenant had denied the owner access. Also, the
dates of the owner's attempts to obtain access pursuant to the
Enforcement Bureau's requests were after the issue date of the
order under appeal herein. The Rent Administrator's determination
was correct based on the record in the proceeding below.
The owner may file a rent restoration application if the facts so
warrant. 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,
and Operational Bulletin 84-1, it is
ORDERED, that the owner's Petition for Administrative Review be,
and the same hereby is, denied and that the Rent Administrator's
order be, and the same hereby is, affirmed.
LULA M. ANDERSON