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
APPEALS OF DOCKET NO.:
TRUMP MANAGEMENT INC.,
PETITIONER ZDK 220487-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 4, 1991, the above-named owner filed a petition for
administrative review of an order issued on February 7, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment 4-D at 2036 Cropsey Avenue, Brooklyn, New York
wherein the Administrator found a decrease in services and
ordered a reduction in the maximum legal rent.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the administrative appeal.
On November 21, 1987 the tenant filed a complaint of decrease in
services, alleging that his 30-year old kitchen floor was
cracked, and that a recent paint job was deficient.
The owner, in answer, contended that the tenant's floor, on
examination, was too dirty to determine whether there were any
worn or broken tiles.
On January 28, 1991 a physical inspection of t e subject apart-
ment was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that several
kitchen floor tiles were cracked and that the bathroom ceiling
and walls had evidence of peeling paint and plaster.
On February 7, 1991, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and reducing the tenant's rents by $9.50, representi g a reduc-
tion of $4.50 for the cracked kitchen floor tiles, and $5.00 for
peeling paint and plaster.
In its petition for administrative review, the owner contends
that the subject apartment is not rent controlled, and states
that the issue was decided under DHCR Order No. ZCD 210213-S,
issued July 27, 1989.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner finds that the allegations of the petitioner
regarding the apartment's status, and regarding DHCR Docket No.
ZCD 210213-S, are incorrect. DHCR records confirm that the
subject apartment is rent controlled and the cited Docket No. ZCD
210213-S concerns another building.
The Commissioner finds no basis to modify the District Rent
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the Division for a restoration
of rent based upon the restoration of services, if warranted.
THEREFORE, in accordance with the New York City Rent and Eviction
Regulations, 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