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.:
WIENER MANAGEMENT CO.,
PETITIONER DG 110832-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 13, 1991, the above-named petitioner-owner filed a
petition for administrative review against an order of the Rent
Administrator issued February 1, 1991. The order concerned
housing accommodations known as Apartment 3-G located at 123-10
Ocean Promenade, Brooklyn, New York. The Administrator ordered a
rent reduction for failure to maintain services.
The Commissioner has reviewed the record and has carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding by filing a complaint on
July 5, 1989, alleging decreased services. She complained of the
1. Broken flushometer
2. No drainage holes in windows. Water collects
3. Window sill catches - not working
4. Building-wide rodent infestation.
5. Kitchen cabinet doors do not close.
6. Outside bricks need pointing; rain has
damaged tenant's furnishings.
In answer to the complaint, the owner asserted that all repairs
have been completed.
The Administrator ordered an inspection of the apartment which
was conducted on January 24, 1991. The inspection revealed the
1. Defective windows throughout apartment. They do
not open and close properly. Window sills have
2. Six kitchen cabinet doors do not close properly.
3. Bedroom and dinette walls repaired in an unwork-
4.Living room wall and ceiling have cracks and
The following services were found to be maintained:
1. No evidence of rodent infestation.
2. Flushometer working properly.
The administrator's order duly followed.
On appeal the owner raises three claims. First, with regard to
the window sills, petitioner claims that the tenant's complaint
referred to drainage hole problems. The reduction order was
based on the windows not opening and closing properly. The owner
argues that the complaint did not address this condition. Peti-
tioner argues that the kitchen cabinets were repaired and are a
minor non-hazardous condition not warranting a reduction. Fin-
ally, the owner argues that in Administrator's order No. AJ
110519-S the apartment rent was reduced for peeling paint and
plaster throughout the apartment. Petitioner argues that the
Administrator could not reduce the rent a second time for the
same violation as was done regarding the bedroom and dinette
The tenant responded to the petition and stated that all condi-
tions found by the inspector still existed. The tenant also
states that petitioner did not reduce the rent for either of the
two reduction orders.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that the petition should be
granted in part.
The tenant alleged in her complaint defects in the windows in-
cluding the lack of drainage holes in the sills and inoperable
catches. These allegations adequately put the owner on notice
that repairs to the windows were required. The Administrator's
determination that the windows are defective, that they do not
open and close properly, and that they have cracked sills is
sufficiently related to the conditions asserted by the tenant in
Moreover, the Administrator's determination with regard to the
cabinets was properly based on the inspector's report. The
tenant disputes the owner's assertion that the cabinets were
repaired and the owner has submitted no evidence to establish
that this repair of what the owner asserts is a minor condition
was effectuated during the many months that this proceeding was
pending before the administrator or even since the order was
issued. This finding, being amply supported, is affirmed.
As for the unworkmanlike repairs to the bedroom and dinette walls
and the cracks and stains on the living room wall and ceiling,
the Commissioner agrees that a rent reduction was previously
ordered for these conditions. The Division's records reveal that
a rent reduction was ordered on July 3, 1987 in Docket No. AJ
110519-S for "peeling paint a d plaster throughout the apart-
ment." and "painting needs to be done." The owner's restoration
application (DJ 110196-OR) was denied on September 14, 1990 after
a physical inspection revealed "Plastering and painting have been
done in an unworkmanlike manner as follows: Plaster was not
sanded, paint was not scraped and there are holes and stains."
These proceedings conclusively establish that a rent reduction
has been ordered and remains in effect for the defective walls
and ceiling and therefore this condition should not have been
included in the order appealed herein.
The parties are advised that the owner remains obligated o cor-
rect the conditions cited in all outstanding rent reduction
orders but that tenant is entitled to one rent reduction at a
time regardless of how many rent reduction orders have been
issued. The tenant may pay the reduced rent until the owner is
granted rent restoration orders for all the rent reductions that
have been granted.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
in part, and that the Rent Administrator's order be, and the
same hereby is, modified in accordance with this order and