STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EG110133RO
(Future Mgt. Co.),
DOCKET NO.: DH130003B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 29, 1990, concerning the housing
accommodations known as 40-20 69th Street, Queens, New York,
wherein the Rent Administrator determined the tenants' complaint of
decreased building-wide services.
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.
Various tenants commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, the DHCR conducted an inspection of the subject
premises. The DHCR inspector reported that janitorial services
were inadequate in that there was debris in the premises exterior
area, that the rear yard was dirty and that the lobby required
sweeping. The inspector also reported that various areas
throughout the public areas of the building had peeling, blistered,
or cracked paint and plaster.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner contends, in
substance, that the conditions cited in the complaint were tenant
induced temporary conditions arising during the period of
installation of a new compactor. The owner also suggests that the
inspection was improper, and should have been conducted promptly
after the tenants filed the complaint.
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 premises for which a rent reduction is
The owner's petition does not explain why the public areas were
found to be dirty six months after the tenants filed the complaint,
and after the owner claims that the tenants' complaints were
addressed. Also, the owner is silent as to the paint and plaster
defects found in various areas of the building.
The Rent Administrator issued an order on June 11, 1991 under
Docket No. FB130110OR granting the owner's rent restoration
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,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA