DOC. NO.: FD 510324-RO
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.: FD 510324-RO
HEIGHTS MANAGEMENT, : DRO DOCKET NO.:
PETITIONER : DJ 510524-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner owner timely refiled a Petition for
Administrative Review against an order of the Rent Administrator
issued February 12, 1991. The order concerned housing accommodations
known as Apartment 41 located at 600 West 163rd Street, New York, New
York. The Administrator ordered a rent reduction based on decreased
The Commissioner has reviewed the record and carefully considered that
portion relevant to the issues raised by this appeal.
The tenant commenced this proceeding by filing a complaint of
decreased services on October 4, 1989. The tenant complained of
peeling paint and plaster throughout the apartment and floors in need
of repair. Reference was made to an agreement between the parties
which was annexed to the complaint. The agreement was a stipulation
of settlement of an eviction proceeding wherein petitioner agreed,
inter alia, to put in new bathroom and kitchen appliances and floors.
The complaint also stated that the owner had failed to repair the
bathroom and kitchen as agreed.
The owner was served with a copy of this complaint and afforded an
opportunity to respond. A response was filed on November 30, 1989.
The owner stated that the tenant had fallen behind on rent payments
and attempted to excuse the nonpayment by stating that work needed to
be done in the apartment. The owner stated that attempts were made to
gain access to the apartment but the tenant refused to provide a date.
The owner confirmed that the stipulation of settlement described above
required work to be done on the apartment. Petitioner stated that all
work had been done and enclosed paid bills for plastering and painting
of the bathroom and kitchen as well as two sections of the bedroom.
DOC. NO.: FD 510324-RO
The Administrator ordered a physical inspection of the premises, which
was conducted on January 16 and 18, 1991. The inspection revealed the
1. (a) Bathroom sink has leaky faucet.
(b) Bathroom ceiling has water stains and cracks.
2. Kitchen floor has broken and loose tiles.
3. Bedroom ceiling, 2nd bedroom wall next to window shows
peeling paint and plaster; livingroom ceiling shows
peeling paint and plaster.
4. Bedroom floor needs sanding: floors are discolored
and have paint spots.
The following services were found to be maintained.
1. Bathroom floor, bathtub and shower stall and walls
show no evidence of defects.
2. No evidence of defective kitchen sink.
3. Kitchen wall and ceiling shows no defects.
The Administrator's order, reducing the rent, duly followed.
On appeal the owner states that repairs have been made as shown by the
answer filed to the original complaint. The petitioner also states
that the reduction was premised on issues not relevant to the initial
complaint and that additional repairs were made to the apartment. The
owner specifically takes issue with the finding regarding discolored
floors, stating that such a condition is "absolutely no reason to
reduce rent." The tenant did not file a response.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code mandates a rent
reduction upon application by the tenant where it is found that the
owner has failed to maintain required services. Required services are
defined by Section 2520.6(r) to include decorating and maintenance.
In the instant case, the Administrator properly relied on the results
of the inspection report which confirmed the existence of several of
DOC. NO.: FD 510324-RO
the conditions included in the tenant's complaint. The bills for
plastering and painting submitted by the owner refer to different
areas of the apartment from those that the inspector found were
defective. Moreover, the Commissioner has reviewed the original
complaint and finds that each condition cited by the Administrator
materially bears on conditions stated by the tenant in the complaint.
The tenant's original statement that "floors must be repaired" serves
as a proper predicate for the finding, that the floors are discolored
with paint spots.
The owner may apply for rent restoration when all services have been
THEREFORE, pursuant to 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 is,