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.: FA410176RT
LEA KATZ ADMINISTRATOR'S DOCKET
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 7, 1991 the above named petitioner tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 3, 1991. The order concerned housing
accommodations known as Apt. 11 E located at 333 East 14th Street
New York, N.Y. wherein the Administrator ordered a rent reduction
for failure to maintain required or essential services.
The Commissioner has review the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on December 11, 1989 by
filing a Statement of Complaint of Decreased Services. She
complained of the following services deficiencies:
1. Missing window supports
2. Windows slip down when opened
3. Paint and plaster chipped in window areas
A copy of the complaint was served on the owner who petitioner
had cited in her complaint--Styvesant Town Associates. This
mailing was subsequently returned to DHCR as undeliverable. A
further check of the records revealed that the registered owner of
the building was Sulzberger-Rolfe Inc. located at 645 Madison
Avenue, New York, N.Y. The complaint was served on that owner on
August 23, 1990.
On February 27, 1990 the tenant filed an additional Statement
of Complaint of Decrease in Services in which she alleged peeling
paint and plaster in the bedroom and living room. A copy of this
complaint was served on Sulzberger-Roth on August 23, 1990. The
owner did not respond to either submission. On November 23, 1990
the Administrator issued an order (Docket No. EB410620S) wherein
the proceeding begun February 27, 1990 was ordered consolidated
with the proceeding begun December 11, 1990. All parties were
notified of this action.
On January 16, 1990 the owner filed a response wherein it
stated that, effective January 1, 1990, Streamline Management Inc.
239 West 72nd Street New York, N.Y. was the new managing agent of
the building and requesting permission to answer. A copy of the
complaint in this proceeding, as well as the one in Docket No. EB
410620-S were served on Streamline Management on November 26, 1990.
The Administrator ordered a physical inspection of the subject
apartment. That inspection took place on December 7, 1990 and
revealed the following:
1. Peeling paint and plaster throughout all window
2. Bedroom--livingroom--dining room walls cracked
3. Bedroom--livingroom--dining room walls peeling
paint and plaster ceiling areas.
All windows throughout the apartment were found to have been
repaired. The Administrator ordered the appropriate rent reduction
effective December 1, 1990.
On appeal the tenant objects to the effective date of the rent
reduction, arguing that the appropriate effective date should be
December 1, 1989. The owner filed a response wherein it requested
an additional twenty days to effect repairs and/or answer the
After careful consideration of the evidence in the record the
Commissioner is of the opinion that this petition should be granted
A rent reduction for decreased services is effective the month
following the date the owner was served with the complaint (Accord:
ARL07280L). In this proceeding, DHCR records indicated that
Sulzberger-Rolfe Inc. was the registered owner at the time the
tenant made her complaint. The petitioner did not, however,
identify it as the owner in her complaint. The Division discovered
this fact and properly served the owner on August 23, 1990.
Accordingly, the rent reduction granted by the Administrator should
have been effective September 1, 1990. The Administrator's order
is modified to reflect this date as the proper effective date for
the rent reduction.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it
ORDERED that this petition be, and the same hereby is, granted
to the extent of modifying the Administrator's order to change the
effective date from December 1, 1990 to September 1, 1990. The
Administrator's order is in all other respects affirmed.
JOSEPH A. D'AGOSTA