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.:
PANKAJ K. PRASAD,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 6, 1992, the above-named petitioner-owner filed a petition
for administrative (PAR) review of an order issued on June 17,
1992, by the Rent Administrator, concerning the housing accommoda-
tion known as 35-45 94th Street, Jackson Heights, New York,
Apartment 3-C, wherein the Administrator determined that the rent
for the subject apartment should be reduced to the level in effect
prior to the last rent guideline increase, which commenced before
the effective date of the order based upon a showing that not all
services were being maintained. The Rent Administrator's deter-
mination was based on an inspection held on March 6, 1992. The
report, however, showed that the owner had corrected other service
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject rent stabilized apartment.
On appeal, the petitioner-owner maintained that all work specified
in the tenant's complaint was corrected at the time of the inspec-
tion and that the tenant signed a work order specifying that the
work was done.
After a careful consideration of the entire evidence of 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 Division of Housing and Community Renewal
(DHCR) for a reduction of the legal regulated rent to the level in
effect prior to the most recent guideline 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 services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
An inspection conducted on March 6, 1992 confirmed the existence of
various service deficiencies, which were the subject of the ten-
ant's complaint filed on November 13, 1991.
A copy of the tenant's complaint was mailed to the owner on
November 25, 1991 and the Rent Administrator's order was issued on
November 13, 1992.
It is apparent that the owner had approximately twelve months to
attend to the complained-of-conditions, but had failed to do so,
prior to the issuance of the Rent Administrator's order.
The Commissioner notes that the subject tenant submitted an answer
on December 16, 1991, to the owner's PAR asserting that the owner
had not adequately addressed the service deficiencies.
The Commissioner finds, therefore, that the owner has offered
insufficient reason to disturb the Rent Administrator's deter-
The Commissioner also finds that the Administrator properly based
his determination on the entire record, including the results of
the on-site physical inspection conducted on March 6, 1992 and that
pursuant to Section 2523.4(a) of the Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain services.
The Commissioner has considered the owner's claim on appeal that
the tenant signed a work-order signifying that all repair work was
completed by the owner and rejects same. The record demonstrates,
that the tenant signed a work-order for certain service items which
were not the subject of the Rent Administrator's rent reduction
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application with the Division for a
restoration of rent based upon the restoration of services, if the
facts so warrant.
JOSEPH A. D'AGOSTA