FF 110303 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.: FF 110303 RO
C & S Associates, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: ED-110245-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 18, 1991 the above-named petitioner timely refiled an
Administrative Appeal against an order issued on March 5, 1991 by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
214-23B Hillside Avenue, apt. B, Queens Village, New York.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
The issue herein is whether the District Rent Administrator
properly determined the tenant's complaint of decreased services.
A review of the record reveals that on April 20, 1990, the tenant
filed a complaint wherein she listed seven deficient conditions
consisting of need for plaster and painting and filling ceiling
holes, replacement of refrigerator gasket and lining, defective
wall socket and exposed wiring, defective apartment door lock,
The subject apartment was inspected by a DHCR inspector on May 8,
1990 who submitted a written report confirming several deficient
conditions and unworkmanlike repair attempts consistent with the
On March 5, 1991 the District Rent Administrator issued the order
appealed herein. The District Rent Administrator's order reduced
the rent for the subject apartment to the level in effect prior
to the last rent guideline increase which commenced before the
effective date of the order, such rent reduction being effective
as of May 1, 1990, the first rent payment day after the Division
informed the owner of the tenant's complaint.
This order was based upon the above mentioned inspection which
1. Unworkmanlike repair to living room hole in ceiling.
2. Peeling paint and plaster on living room ceiling and wall.
3. Refrigerator has defective gasket and missing inner liner
section, refrigerator lower panel needs adjustment.
4. Bathroom window has clear glass rather than opaque glass.
5. Apartment entrance door needs filling of space, a room lock
FF 110303 RO
and securing of inner door molding. Entrance door is also
On appeal, the petitioner-owner alleges that the District Rent
Administrator's order fails to reflect repairs made on March 18
and 19, 1991. Said repairs were made within (30) thirty days of
the issuance date of the order.
The tenant submitted a July 24, 1991 response to the owner's
administrative appeal wherein she stated, in substance, that the
refrigerator still had not been repaired.
The District Rent Administrator properly determined the tenant's
complaint on the basis of physical inspection which revealed that
the owner had failed to provide and/or maintain certain required
services. It was proper for the District Rent Administrator to
reply upon the inspector's findings.
The owner doesn't deny that these conditions existed between the
time of the tenant's initial complaint on April 20, 1990 and the
time of the order.
The owner's own evidence indicates repairs were not undertaken
until after the order.
Accordingly, the owner is not entitled to a reversal of the Rent
Administrator's order which was based upon the reduction of
services existing at the time of the order.
This order and opinion is issued without prejudice to the owner's
right to file for a rent restoration upon restoration of
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, nd the same hereby
is, denied, and that the order of the District Rent Administrator
be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA