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.:FE620344RO
Wakefield Manor Apartments, RENT ADMINISTRATOR'S
4360 Baychester Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 15, 1991 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 November 20, 1989 by filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment including, but not limited to,
broken and missing bathroom tiles, leaking bathroom, and bedroom
doors not repaired.
In an answer filed on February 9, 1990, the owner asserted that it
has repaired the items in the tenant's complaint.
On January 14, 1991, DHCR mailed a copy of the owner's answer to the
The tenant filed an answer on January 29, 1991, stating in pertinent
part that the main bathroom was not repaired; the shower needed
plastering; and that the bedroom doors were not fixed.
Thereafter, a physical inspection of the subject apartment was
conducted on April 24, 1991 by a DHCR staff member who reported that
the bathroom tile was loose in the wall near the toilet; and that
the west bedroom door did not open properly.
By an order dated May 15, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant's
complaint was vague and general; that the inspector's findings were
not complained of by the tenant; and that these conditions are
minor, not warranting a rent reduction.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
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
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
April 24, 1991 inspection which confirmed that the bathroom tile was
loose in the wall near the toilet, and that the west bedroom door
did not open properly. The Commissioner finds these defective
conditions constitute a decrease of services, warranting a rent
Further, the Commissioner finds that the owner was sufficiently put
on notice by the tenant's complaint and DHCR's follow-ups to repair
these conditions. The complaint filed on November 20, 1989 clearly
stated, inter alia, broken and missing bathroom tiles, leaking
bathroom, and bedroom doors not repaired. The tenant also filed an
answer on January 29, 1991, alleging that the main bathroom was not
repaired; the shower needed plastering; and that the bedroom doors
were not fixed. The Commissioner finds that the April 24, 1991
inspection results are well within the ambit of the tenant's
The Commissioner notes that the owner's rent restoration application
(FF610273OR) was granted on March 11, 1992.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, 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, affirmed.
LULA M. ANDERSON