Docket Number: FB-410287-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.: FB-410287-RO
: AS AMENDED
EPIC REALTY CO./ DISTRICT RENT ADMINISTRATOR'S
PINE MANAGEMENT CO., DOCKET NO.: ZDK-410193-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
This Order and Opinion amends the above-described Administrative
Review Docket Number issued on July 17, 1991.
The above-named owner filed a timely petition for administrative
review of an order issued on February 19, 1991 concerning the
housing accommodations relating to the above-described docket
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.
On November 9, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the ceiling in the hallway fell
because of the water leak above his apartment; that the ceiling in
the front room, due to a water leak from the steam pipe, is hanging
low over the tenant's new piano; and that some of the windows in the
apartment need to be replaced or repaired because they are rotting
and disintegrating wood around the window panes. The tenant's
complaint did not seek a rent reduction because of the owner's
failure to maintain services.
In its answer, filed on December 12, 1989 the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs will be completed.
Thereafter, on December 27, 1990 and January 25, 1991, an
inspection of the subject apartment was conducted by a D.H.C.R.
inspector who confirmed that the hallway was repaired; that the
ceiling was repaired; and that the apartment was painted. However,
the inspection report stated that "all 6 window frames and sashes
are in poor condition, need caulking, painting or (to be) replaced."
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In this petition, the owner states that the tenant cannot receive a
rent reduction when the tenant did not request one in its original
Docket Number: FB-410287-RO
The Commissioner is of the opinion that this petition should be
granted and the Administrator's order modified.
The record clearly shows that the tenant did not seek a rent
reduction in the original complaint. However, the Administrator
improperly granted the tenant a rent reduction. The law is clear
that for a rent stabilized tenant to receive a rent abatement based
on a failure to maintain services, one must specifically be
Accordingly, the Administrator's order is modified to the extent
that a rent reduction is omitted. The owner may not, however,
apply for or otherwise increase the stabilized rent until the owner
files for and receives an order permitting same based on a
restoration of services.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted, and
that the Administrator's order be, and the same hereby is, modified
in accordance with this Order and Opinion.