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.:
VIG ASSOCIATES, RENT ADMINISTRATOR'S
PETITIONER DH 110261-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 15, 1991, the above-named owner refiled a petition for
administrative review of an order issued on May 3, 1991 by a
Rent Administrator concerning the housing accommodation known as
Apartment 608, 43-31 Ithaca Street, Elmhurst, New York, wherein
rent was reduced due to a diminution of service.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On August 15, 1989 the subject tenant filed an application for a
rent reduction based on the owner's alleged failure to maintain
services alleging roach and mice infestation, a leak from the
roof into the apartment, and an improperly functioning balcony
On September 20, 1989, the owner interposed an answer to the
tenant's complaint wherein it alleged that it inspected the
apartment, and that the door and roof had been repaired.
On April 17, 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 conditions were as alleged by the tenant.
On May 3, 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 its petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that the
tenant took paint to paint on his own, that the tenant denied
access, that there is regular extermination service provided and
that the tenant installed the door.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that none of the owner's allegations were
raised while this proceeding was pending before the Rent Adminis
trator. Accordingly, these allegations, pursuant to Section
2529.6 of the Rent Stabilization Code, may not be considered
herein when raised now for the first time on administrative
appeal. It is further noted that none of the owner's allegations
are supported by any substantiating evidence and that the allega
tion that the tenant denied access is belied by the owner's
answer interposed in the original proceeding.
Pursuant to Section 2523.4(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 the owner has failed to main-
tain required services.
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 17, 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
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
JOSEPH A. D'AGOSTA