STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
The 400 East 58th Street Co.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 4, 1992, concerning the
housing accommodations known as 400 East 58th Street, Apt. PH-A,
New York, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. The tenant alleged, among other things,
that the terrace doors were difficult to open and close.
The owner answered as to the terrace doors that the tenant should
have contacted the superintendent for repairs.
Thereafter, the DHCR conducted an inspection. In pertinent part,
the DHCR inspector reported that the safety lock plate on a terrace
door was missing. Other services were found to be maintained.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the stabilization rent.
In the petition for administrative review, the owner states that
the terrace door was working. The owner also submited a work order
dated February 14, 1992, to show that the condition found on
inspection was addressed promptly after receipt of the order.
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
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 proper 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 defective
conditions in the subject apartment for which a rent reduction is
warranted. The evidence the owner submitted in the proceedings
below did not rise to the level sufficient to trigger a "no-access"
inspection detailed in Policy Statement 90-5: Arranging Repairs No
The additional evidence that the owner completed repairs pursuant
to the order does not state a cause of action, and therefore does
not warrant modification of the Rent Administrator's order based on
the record presented.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that the petition be, and the same hereby is denied, and
that the Rent Administrator's order be, and same hereby is,
JOSEPH A. D'AGOSTA