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.:FA110015RO
Ocean Leasing Co., RENT ADMINISTRATOR'S
22-11 New Haven Ave.
Far Rockaway, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order by the Rent Administrator concerning the housing
accommodations relating to the above-described docket number.
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.
The tenant commenced this proceeding on August 9, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on September 13, 1990 (dated August 24, 1990),
the owner asserted in substance that repairs were in progress.
In a subsequent submission filed on September 21, 1990, the owner
enclosed a copy of a work order purportedly signed by the tenant on
September 9, 1990 stating that all repairs had been completed.
However, the subject apartment was inspected on November 16, 1990 by
a DHCR staff member who confirmed the existence of defective
By an order dated November 30, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
acknowledged completion of repairs before the inspection and the
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted in part and that the Administrator's
order should be modified accordingly.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
Based on the tenant's signed statement that all repairs had been
completed, the owner could reasonably assume that no further action
was required and that the proceeding before DHCR would be terminated
without a rent reduction. Due process requires that the tenant's
statement, if submitted by the owner, be served on the tenant and,
if challenged, that the owner be advised that the complaint was not
In the instant case, the physical inspection revealed that, contrary
to the owner's allegations and statement allegedly signed by the
tenant, the necessary repairs were not done and could not possibly
have been done properly in August 1990 if three months later the
kitchen ceiling was not yet painted. A rent reduction for this
condition is required pursuant to Section 2523.4 of the Rent
Stabilization Code, but because of the failure to verify the
tenant's signature on the copy of the signed work order or to advise
the owner that the complaint was not being terminated, the effective
date of the rent reduction is hereby modified to December 1, 1990,
the first of the month following issuance of the Administrator's
order, when the owner had actual knowledge that the complaint was
still active and that DHCR's physical inspection revealed the need
for additional repairs.
The owner's rent restoration application (FA110050OR) was granted on
May 1, 1991.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears shall be paid in monthly
installments which shall not exceed the amount of the monthly
reductions revoked herein.
Therefore, in accordance with the Rent Stabilization Law and Codes
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA