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.: GF520222RO
ROBERT SENA ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 25, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 22, 1992. The order concerned housing
accommodations known as Apt 1 located at 930 St. Nicholas Ave., New
York, 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 May 17, 1990 by filing
a Statement of Complaint of Decrease in Services wherein she
alleged that the owner had failed to maintain certain services in
the subject apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on May 29,
1990 and denied the allegations set forth in the complaint or
otherwise asserted that all required repairs had been or will be
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on May 6, 1992 and
revealed the following:
1. Front door frame alignment off,
2. Holes in walls,
3. Defective bedroom door jam,
4. Defective escutcheon plate in bathroom,
5. Three broken window panes in french doors,
6. Kitchen cabinet doors do not properly open and
The inspector also reported that the front door saddle was not
The Administrator issued the order here under review on May
22, 1992 and ordered a $50.50 per month rent reduction based on the
report of the inspector.
On appeal the owner states that the repairs were completed in
1990, that an inspection was conducted at that time and confirmed
the fact that services were being maintained and that, through
negligence and normal wear, some repairs have recurred. The
petition was served on the tenant on November 24, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the owner's petition does not
establish any basis for modifying or revoking the Administrator's
order. The inspection revealed that various repairs had either not
been done at all or were done so inadequately as to have
reappeared. If, as the owner states, it made repairs in 1990 the
repair work if done properly should have lasted more than 2 years.
Pursuant to the Rent and Eviction Regulations, the
Administrator may order a decrease in the maximum rent based on a
finding that there has been a decrease in the dwelling space,
essential services, furniture, furnishings or equipment required to
be provided. The Commissioner finds that the Administrator based
this determination on the entire record including the results on
the on-site physical inspection described above. The order here
under review is affirmed.
The Commissioner notes that the owner has filed for rent
restoration and that this application is currently pending before
the DHCR (Docket No. GJ520042OR).
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City 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, affirmed.
JOSEPH A. D'AGOSTA