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.:EH610324RO
Riverdale Estates, RENT ADMINISTRATOR'S
3240 Henry Hudson Parkway
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on July 31, 1990 by the Rent Administrator
reducing the rent and directing restoration of services based on a
finding of failure to maintain 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.
The tenant commenced this proceeding on March 3, 1989 by filing a
complaint asserting that her window blinds were missing and the
owner failed to replace them. The tenant submitted a copy of an
apartment registration dated March 12, 1984, wherein it is stated
that blinds/shades are provided services.
The Commissioner notes that the tenant failed to check the box in
the complaint indicating a request for rent reduction.
In answer, the owner asserted in substance that its refusal to
provide new blinds/shades to the tenant is not a decreased service.
On April 20, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed that the kitchen
venetian blind was missing and that two (2) bedroom blinds were
By an order dated July 31, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that it was not
informed of the missing blinds and that there should be no rent
reduction when the tenant failed to request one.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the April 20, 1990 inspection which confirmed the tenant's
complaint. The owner had sufficient notice from the complaint of the
allegations and fails to rebut the evidence that these services
should be provided.
Although the record reveals that the tenant failed to request a rent
reduction in the original complaint, this apartment is subject to
rent control and the tenant does not have to request a rent
reduction. The Rent and Eviction Regulations gives the Rent
Administrator the authority to grant a rent control tenant a rent
reduction regardless whether or not one is requested.
The owner is directed to restore the services set forth in the
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
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