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.:
PETITIONER EA 430052-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 7, 1991, the above-named owner filed a petition for
administrative review of an order issued on May 2, 1991, by a
Rent Administrator concerning the housing accommodation known as
Apartment 1-A, 302 Columbus Avenue, New York, New York wherein
rent was reduced due to a diminution of service.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition for review.
On January 15, 1990 the subject tenant filed an application for a
rent reduction based on the owner's alleged failure to maintain
service alleging, inter alia, an accumulation of garbage in a
On February 16, 1990 the owner interposed an answer to the ten-
ant's complaint where he alleged, inter alia, that there were no
garbage storage facilities in the building, that the City no
longer allowed garbage cans to be kept on the street, and that
the tenants were requested to keep the garbage in their apart-
ments until the evening before collection.
On April 3, 1991 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the complained
of condition was as alleged by the tenant.
On May 2, 1991, the Rent Administrator issued the order here
under review, finding that a diminution of services had occurred
and reducing the tenant's rent to the level in effect prior to
the last rent guideline increase which commenced before the
effective date of the rent reduction.
In his petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that the
tenant vacated on April 1, 1991 owing $1,558.26 in back rent and
that garbage is removed from the hallway once a day by the super
intendent. On the day of the inspection, the owner alleges that
the inspector arrived prior to the arrival of the superintendent.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the allegations made in the owner's
petition are not substantiated by any evidence. Accordingly, the
owner has offered insufficient reason to disturb the Re t Admin-
istrator's order. This order and opinion is issued without
prejudice to the owner's right to proceed against the tenant in a
court of competent jurisdiction if the facts so warrant.
Pursuant to Section 25234(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 t e owner has failed to maintain re-
Required services are defined in Section 2520.6(r) to include
repairs 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 April 3, 1991 and that
pursuant to Section 2523.4(a) of the Code, the administrator was
mandated to reduce the rent 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 rent based upon the restoration of services.
THEREFORE, in accordance with 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