STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
DAVID ESHAGHIAN RENT ADMINISTRATOR'S
c/o SOMERSET MANAGEMENT, DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 7,1991, the above-named owner filed a petition for
administrative review of an order issued on October 18, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment 24, 612 West 188th Street, New York, New York
wherein rent was reduced due to a diminution of service.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition for review.
On April 23, 1990 the subject tenant, filed an application for a
rent reduction based on the owner's alleged failure to maintain
service alleging inter alia defective windows in her apartment.
On June 6, 1990 the owner interposed an answer to the tenant's
complaint wherein he alleged inter alia that the tenant was
denying access. The owner offered no evidence to substantiate
On September 30, 1991 a physical inspection of the subject apart
ment was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that the
window conditions were as alleged by the tenant.
On October 18, 1991 the Rent Administrator issued the order here
under review finding that a diminution of services had occurred
and reducing the tenant's monthly rental by twelve dollars.
In his petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that the
windows have been repaired. Attached to the petition is the
bill of the owner's contractor for said repairs dated February 4,
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the owner's allegation of window
repairs is belied by the report of the DHCR inspector who
corroborated the defective window conditions on September 30,
1991, seven months after the owner alleges they were repaired.
It is further noted that the owner did not submit the repair bill
while this proceeding was pending before the Rent Administrator
even though it was in his possession. The owner has offered no
explanation of his failure to do so. Accordingly, the bill may
not be considered now when offered for the first time on admin-
Section 2202.16 of the Rent and Eviction Regulations provides
that if the owner fails to maintain services, the Rent Adminis-
trator may order a decrease in the maximum rent in an amount
which the Rent Administrator in his discretion may determine.
The record in the instant case reveals that the tenant complained
about problems with her apartment windows and a physical inspec-
tion of the premises confirmed that these problems indeed
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had not made needed repairs
and for this reason a rent reduction is warranted.
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 provisions of the Rent and
Eviction Regulations for New York City, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner