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.: GK530217RT
WALLACE JORDAN RENT ADMINISTRATOR'S
DOCKET NO.: FE530221B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodations
known as 503 West 47 Street, Various Apartments, New York, NY.
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, joined by seven other tenants in this 20 unit building,
commenced the proceedings below by filing a complaint on May 21,
1991 asserting that the owner had failed to maintain vermin control
in the public areas and janitorial services building-wide. The
complaint also stated that there are over 60 pending violations of
the Housing Maintenance Code.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that the building is exterminated
the first Saturday of each month, and that the building is properly
maintained by a resident superintendent. Letters were received by
certified mail from five tenants withdrawing from the complaint.
On August 3, 1992, the tenant representative inquired about the
status of the proceeding and submitted a list of violations placed
on the building by the Office of Code Enforcement.
Thereafter an inspection, on October 13, 1992, of the subject
building was conducted by a D.H.C.R inspector who reported that
there was no evidence of vermin in the public areas and that the
building was reasonably clean.
In the petition for administrative review, dated November 18, 1992,
the tenant asserts that evidence was submitted showing that over
100 violations are pending against the building.
The DHCR served a copy of the petition of the owner on January 5,
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Section 2202.16 of the Rent & Eviction Regulations, authorizes a
rent reduction where there has been a decrease in essential
services which are defined in Section 2200.3. An inspection
confirmed that the conditions complained about have been corrected.
Based on this inspection, the Administrator properly determined
that a rent reduction was not warranted.
Pursuant to Section 2523.4 of the Rent Stabilization code, the DHCR
is required to order the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. An inspection confirmed that the conditions,
complained about have been corrected. Based on this inspection,
the Administrator properly determined that a rent reduction was not
The existence of violations of the Housing Maintenance Code does
not necessarily establish that a rent reduction is warranted
pursuant to the rent regulation laws. The complaint made only a
vague reference to pending violations without putting the owner on
notice of which building-wide conditions required repair. Without
such notice and an opportunity to repair subsequent to the
complaint, a rent reduction is not warranted.
THEREFORE, in accordance with the Rent Stabilization Law & Code,
the Rent & Eviction Regulations for New York City, and the
Emergency Tenant Protection Act of 1974, 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,
JOSEPH D. A'GOSTA