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.:
441 OCEAN AVENUE ASSOCIATES, RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
known as 441 Ocean Avenue, Brooklyn, New York, Apartment 4-E.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of the following
defective conditions: enamel worn out on the bathroom sink and
deficient fresh food compartment and freezer temperature - respec-
tively 55@ F. and 10@ F.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that there was and is nothing wrong with the refriger-
ator; that the tenant signed a work-order acknowledging same; that
the slight problem with the sink did not justify a rent reduction
and that the tenant was provided with a new sink vanity.
The Division served the petition on the tenant on June 11, 1992.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the signed work-order submitted by the
owner is dated May 14, 1992, which post dates the Rent Adminis-
trator's order which was issued on May 8, 1992. Moreover, the
inspection conducted by the DHCR, on April 21, 1992, showed that
the owner was not providing the complained-of services on the date
of the inspection.
Pursuant to Section 2523.4 of the Rent Stabilization Code, the DHCR
is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of defec-
tive conditions in the subject apartment for which a rent reduction
The Commissioner has considered and rejects the petitioner's
argument that the diminution in sink services was minor and not a
rent reducing item.
The owner may file a rent restoration application if the facts so
The stay of the retroactive rent abatement that resulted by the
filing of this petition is vacated upon issuance of this Order and
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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 is,
JOSEPH A. D'AGOSTA