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.: FL610176RT
DOCKET NO.: EG610202S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 26, 1991, the above-named petitioner-tenant filed
a petition for administrative review (PAR) of an order issued on
November 22, 1991, by the Rent Administrator, concerning the
housing accommodation known as 2979 Marion Avenue, Bronx, N.Y.,
Apt. 4A, wherein the Administrator determined that a diminution of
service had occurred and reduced the rent to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the order. Based on an inspection held on
October 10, 1991, the rent was reduced because of the following
1. Leaks and stains foyer closet.
2. Paint and plaster apartment-wide.
3. Vermin control.
4. Medicine cabinet defective.
5. Bathroom towel rack.
6. Missing shades/blinds.
7. Floor covering bathroom.
8. Walls in bathroom.
The Rent Administrator also directed restoration of all
Other conditions cited by the tenant in the complaint were
found to have been corrected.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
On appeal, the petitioner-tenant asserted that the owner was
not maintaining seven services, which the Administrator found were
The petition was served on the owner on February 24, 1992.
The owner answered the petition, on March 6, 1992, alleging
that the issues raised in the appeal were correctly decided by the
Administrator in accordance with the inspection report.
After a careful consideration of the entire evidence or record
the Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
"A tenant may apply to the DHCR for a reduction 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 maintain required
Required services are defined in Section 2520,6(r) to include
repairs and maintenance.
A review of the record reveals that the service complaints
specified in the tenant's petition were being maintained by the
owner on October 10, 1991, the date of the DHCR inspection. The
inspector investigated all claims made by the tenant and found that
those service items specified in the PAR were, in fact being
The Commissioner notes that the tenant's allegations on appeal
are unsupported by any substantiating evidence and that there is no
evidence contained in the record which was before the Administrator
to indicate that conditions in the subject apartment were other
than as found by the inspector during his October 10, 1991 visit.
Accordingly, based on a preponderance of the evidence, the
Commissioner finds that the tenant has offered insufficient reason
to disturb the Administrator's determination.
The Commissioner notes that while the tenant questions the
findings of fact, the record clearly reflects those findings by
virtue of the DHCR inspection which occurred on October 10, 1991.
Accordingly, the Commissioner finds that the Rent Administrator
properly determined that the owner had been maintaining those
services specified in the tenant's PAR based on the evidence of
record, including the results of a physical inspection of the
subject apartment, and correctly determined the tenant's rent
THEREFORE, in accordance with the Rent Stabilization Law Code,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta