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.: EL 210397-RO
DRO DOCKET NO.: DH 220270-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 31, 1990 the above named petitioner-owner refiled a petition
for administrative review against an order issued on October 24, 1990 by
an administrator concerning the housing accommodation known as 1439 Ocean
Avenue, Apartment 1A, Brooklyn, New York wherein the Administrator
determined that the owner had failed to maintain certain services and
ordered that the maximum legal rent for the subject apartment be reduced
by $29.00 a month.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
The tenant commenced this proceeding on August 3, 1989 by filing a
complaint of decrease in services in which it was alleged that the
apartment had not been painted in five years, that various parts of the
apartment had been water damaged, that the refrigerator has not been
serviced, and that the doorbell is not operational.
In answer to the complaint dated September 15, 1989 the owner stated that
the tenant was advised to contact the painters directly, that the broken
pipe that had caused water damage had been repaired, that the tenant has
refused a refurbished refrigerator, and that the doorbell will be
A DHCR inspection, conducted August 21, 1990, revealed that the kitchen
walls and ceiling area, above the sink were cracked and peeling paint and
plaster; the livingroom ceiling was cracked, peeling paint and plaster and
rust stained, the refrigerator light was defective and the freezer door
handle broken off, but otherwise the refrigerator unit was functioning
properly. The inspector also reported that the apartment doorbell was not
working, the bathroom steampipe had been repaired, and the bathroom wall
had been properly plastered and painted.
On October 24, 1990 the District Rent Administrator issued an order
finding a diminution of services and reducing the maximum legal rent by
$29.00 per month.
DOCKET NUMBER: EL 210397-RO
In the petition for administrative review, the owner contends that the
tenant has refused to permit the kitchen to be painted, that the
refrigerator was repaired on March 13, 1990 as evidenced by an attached
receipt, and that the doorbell will be repaired on October 29, 1990.
In answer to the petition, the tenant asserts that the owner's petition is
replete with misstatements in that for two and one-half years, the owner
has refused to repair damage from floods from ruptured pipes, that the
refrigerator was not repaired properly as the inspection noted, and that
the door bell has been out of services for more than five years.
After careful consideration of the evidence of record, the Commissioner is
of the opinion that the petition should be denied.
Section 2202.16 of the Rent and Eviction Regulations provides in pertinent
part that if the landlord fails to maintain services, the Administrator
may order a decrease in the maximum rent in an amount which the
Administrator in his discretion may determine.
In the instant case, a review of the record, which includes the results of
a physical inspection conducted at the subject premises on August 21,
1990, reveals that the landlord failed to maintain services. Accordingly,
the Commissioner finds that the District Rent Administrator's
determination that the landlord had failed to maintain services was
warranted and that the Administrator properly reduced the tenant's rent.
The owner has not submitted any evidence to establish that the tenant has
refused access to the painters and the owner's statement that the
refrigerator was repaired on March 13, 1990 is contradicted by the
subsequent physical inspection. The owner also concedes that the doorbell
was not repaired before the issuance of the Administrator's order. There
is no basis to revoke or modify the rent reduction order.
THEREFORE, in accordance with the Rent and Eviction Regulations for New
York City, it is
ORDERED, that this petition be, and the same hereby is denied, and the
District Rent Administrator's order be, and the same hereby is, affirmed.