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.: FL 110168 RO
ARNOLD MARCUS DISTRICT RENT
NO.: EG 110515 S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On December 23, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued December 2, 1991. The order concerned
housing accommodations known as Apt 1-J located at 45-41 39th
Place, Long Island City, N.Y. The Administrator ordered a rent
reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on July 20, 1990 by
filing a Statement of Complaint of Decrease in Services
wherein he alleged that the cold water bathroom faucet was
leaking and that he had apprised the owner of that fact.
The owner was served with a copy of the complaint on
September 6, 1991 and afforded an opportunity to respond. The
owner filed a response on September 19, 1991 and stated that
repairs had been completed and the faucet was no longer leaking.
Attached to the response was a statement signed by the tenant
acknowledging that the bathroom cold water faucet was fixed by
the building superintendent on September 12, 1991.
A copy of the owner's answer was sent to the tenant who was
asked to confirm his signature. No respose was received.
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on November 13,
1991 and revealed that the bathroom cold water faucet was still
The Administrator issued the order here under review on
December 2, 1991 and ordered a rent reduction of one guideline
increase effective October 1, 1991.
On appeal the owner states that since the tenant
acknowledged that repairs had been made, the Administrator was
incorrect in issuing the order here under review.
The tenant filed a response on February 6, 1992 wherein he
stated, inter alia, that he was aware that repairs had been made.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
granted and the order here under review revoked.
The evidence of record does not support a finding that the
owner has failed to provide or maintain required services. The
owner promptly responded to the complaint and submitted a
statement signed by the tenant that repairs had been made. The
signature appears to be that of the tenant's and the tenant did
not repudiate the statement when given the opportunity to do so.
Moreover, the tenant responded to the petition by again stating
that the repairs had been done. Under these circumstances a rent
reduction is not warranted. Accordingly, the order here under
review must be revoked and the rent restored effective October 1,
If the current owner has already complied with the order
here under review by reducing the rent and arrears are due and
owing the owner by reason of the decision of the Commissioner
herein, the tenant may pay off said arrears in 6 (six) equal
monthly installments. Should the tenant vacate the apartment or
have previously vacated, any arrears are due and payable
THEREFORE, pursuant to the Rent Stabilization Law and Code
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner