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.:
Ocean Realty Assoc., RENT ADMINISTRATOR'S
PREMISES: Apt. 3A
2909 Ocean Avenue
PETITIONER Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review against an order issued 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 by filing a complaint
asserting that when the windows were replaced, the screens were
thrown out but not replaced; that the owner promised a number of
times to replace the screen but the owner failed to do the same.
In answer, the owner asserted that a copy of the 1984 apartment
registration shows that screens are not a required service.
However, the Commissioner notes that the owner does not dispute the
complaint's assertions that when the windows were replaced, the
screens were thrown out but not replaced; that the owner promised
a number of times to replace the screen but the owner failed to do
On November 14, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed that the windows
throughout the apartment had no screens.
By an order dated November 30, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that there can be no rent
reduction based on the the 1984 apartment registration showing that
screens were not a required service.
In answer, the tenant asserted that the existing screens were torn
off and never replaced when new windows were installed two years
ago; that the new windows were installed to replace rotting
windows, not the old screens; that in December 1990, the owner sent
a workman to measure for screens, thereby indicating that screens
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 to
modify or revoke the Administrator's determination based on the
November 14, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The Commissioner notes that the owner's reliance on the 1984
apartment registration indicating that screens were not provided is
misplaced. The owner does not dispute the contention that screens
were once provided, removed when new windows were installed, and
never replaced. In addition, neither the owner's failure to
register a service which was actually provided, nor the tenant's
failure to object to same is a bar to subsequent complaints of
The rent will be restored only when an owner's application to
restore rent is filed and granted. The owner is advised to file
such an application if the facts so warrant.
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
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,
JOSEPH A. D'AGOSTA