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.:
TUNNEY REALTY CORPORATION,
PETITIONER EH 510496-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 8, 1991, the above-named owner refiled a petition for
administrative review of an order issued on December 11, 1990, by
a Rent Administrator concerning the housing accommodation known
as Apartment 2-B, 2038 Fifth Avenue, New York, New York, wherein
rent was reduced due to a diminution of services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
On August 20, 1990, the subject tenant filed an application for a
rent reduction based on the owner's alleged failure to maintain
services alleging, inter alia, leaking, water-damaged ceilings,
and walls in the kitchen and bathroom, and roach and rodent
On September 18, 1990, the owner interposed an answer to the
tenant's complaint wherein it alleged in substance that the
tenant was denying access to the owner for the purpose of effec-
On October 29, 1990, a physical inspection of the subject
building was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that the
complained of conditions were as alleged by the tenant.
On December 11, 1990, the Rent Administrator issued the order
here under review finding that a diminution of services had
occurred and reducing the tenant's rent to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the rent reduction.
In its petition for administrative review the owner requests
modification of the Rent Administrator's order alleging that the
tenant is refusing access to the apartment.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that, apart from t e owner's own state-
ment, the owner has offered no evidence (e.g. copies of certified
letters to the tenant requesting access, statemen s of contrac-
tors that access was refused, letters from the tenant, etc...) to
substantiate its contention that the tenant is refusing access
for the purpose of the effectuation of repairs. Accordingly, the
owner has offered insufficient reason to disturb the Rent Admin-
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
A tenant may apply to the DCHR for a reduc-
tion of the legal regulated rent to the level
in effect prior to the most recent guidelines
adjustment, and the DHCR shall so reduce the
rent for the period for which it is found
that the owner has failed to maintain ser-
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The Commissioner finds that the administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on October 29, 1990, and
that pursuant to Section 2523.4(a) of the Code, the administrator
was mandated to reduce the rent upon determining that the owner
had failed to maintain services.
This Order and Opinion is issued without prejudice on the owner's
rights as they may pertain to an application to the Division for
a restoration of rent based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied;
and that the Rent Administrator's order be, and the same hereby