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 NOS.: EF110093RO
RICHARD ALBERT RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 1, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on May 16, 1990. The order concerned housing
accommodations known as Apt 2B located at 93-41 222nd Street,
Queens Village, N.Y. The Administrator directed restoration of
services and ordered a rent reduction for failure to maintain
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
This proceeding was commenced on June 9, 1989 by the filing of
a Statement of Complaint of Decrease in Services wherein it was
alleged, in sum, that the owner was not maintaining certain
required apartment services including the fact that the apartment
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on August 11,
1989 but did not address the issue of infestation in the apartment.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 25, 1990. The
inspector reported evidence of roach infestation in the apartment.
All other conditions cited in the complaint were found to have been
The Administrator issued the order being appealed on May 16,
1990 and ordered a rent reduction of an amount equal to the
percentage of the most recent guidelines adjustment for the lease
commencing prior to August 1, 1989.
On appeal the owner states, in relevant part, that the
complaint made no mention of roach infestation, that the apartment
has been serviced by a licensed exterminator and that notice of the
inspection and the right to be present should have been allowed.
The petition was served on the tenant on July 9, 1990.
The tenant filed a response on July 14, 1990 and stated, in
sum, that the order being appealed should be affirmed based on the
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a
tenant may apply to the DHCR for a rent reduction based on the
owner's failure to maintain services and the Administrator shall
reduce the rents upon finding that such services have not been
maintained. The Code defines required services to be those
services required to be maintained on the applicable base date,
including repairs and maintenance.
The Commissioner finds that the Administrator based this
determination on the entire record including the results of the on-
site physical inspection described above. The owner is not correct
in stating that the complaint made no mention of the infestation
condition. A review of the record reveals that this condition was
described in the complaint.
The owner's contention that the apartment is adequately
serviced by a licensed exterminator is rebutted by the results of
the physical inspection described above. The DHCR inspector who
conducted the inspection is neither a party to this proceeding nor
an adversary and the report of the inspector is entitled great
probative weight. Finally, the Commissioner has consistently held
that there is no right to notice of an inspection nor is there a
right to be present and be informed of the inspector's report. The
courts have upheld this policy (see Empress Manor Apts. v. DHCR 538
N.Y.S.2d 49 [2nd Dept., 1989]).
The order being appealed is affirmed.
The automatic stay of the retroactive rent abatement which
resulted from the filing of this petition is vacated upon issuance
of this order and opinion. The Commissioner notes that the owner's
rent restoration application (Docket No. GL110145OR) has been
granted by the Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
LULA M. ANDERSON