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.:
YARDEN ENTERPRISES INC.,
PETITIONER DK 630006-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 15, 1991 the above named petitioner-owner fil d a pet-
ition for administrative review of an order issued on February
21, 1991 by a Rent Administrator concerning various housing
accommodations in the premises known as 2290 Andrews Avenue,
Bronx, New York, wherein rents were reduced due to a diminution
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On December 13, 1989 the various tenants of the subject building
filed an application for rent reductions based on the owner's
alleged failure to maintain services alleging inter alia removal
of an intercom panel in the vestibule and dirty public area
floors and stairways.
On December 18, 1989 the owner interposed a general denial to the
On January 25, 1991 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 tenants.
On February 21, 1991 the Rent Administrator issued the order
here under review finding that a diminution of services had
occurred and reducing the stabilized tenants' rents to the levels
in effect prior to the last rent guideline increas s which com-
menced before the effective date of the rent reductions. The
rent of one rent controlled tenant was reduced by eleven dollars
In its petition for administrative review the owner requests
reversal of the Rent Administrator's order and states;
"Public area floors and stairways are clear
and maintained. The main intercom panel has
not been removed by Yarden enterprises."
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that while the owner questions the find-
ings of fact the record clearly reflects those findings by virtue
of DHCR inspection which occurred on January 25, 1991.
Section 2202.16 of the Rent and Eviction Regulations provides
that if the owner fails to maintain services, the admiistrator
may order a decrease in the maximum rent in an amount which the
administrator in his discretion, may determine.
The record in the instant case reveals that the rent controlled
tenant complained about problems with the building and a physical
inspection of the premises confirmed that these problems indeed
Accordingly the Commissioner finds that the administrator prop-
erly determined that the owner had not made needed repairs and
for this reason a rent reduction is warranted.
Pursuant to Section 2543.4(a) of the Rent Stabilization Code,
A tenant may apply to the DHCR 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 main-
tain required services.
Required services are defined in Section 2520.6(r) to include re
pairs 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 January 25, 1991 and
that pursuant to Section 2523.4(a) of the Code, the administrator
was mandated to reduce the rents upon determining that the owner
had failed to maintain services.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for
a restoration of rents based upon the restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the Rent and Eviction Regulations for New York City, it
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby