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.:GA410325RT
Gus La Rocca, RENT ADMINISTRATOR'S
167 Hester St.
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on December 23, 1991 concerning the
housing accommodations relating to the above-described docket
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 January 18, 1991 by filing
a complaint asserting that the owner had failed to maintain certain
services in the building, which included in relevant part no
lighting in the hallways, unsafe propane gas stored in the building
vicinity, and rat and roach infestation throughout the building.
In answer, the owner denied the allegations and otherwise asserted
that all services were being provided and maintained. Attached to
the answer were photos of well-kept garbage cans, photos of
exterminating poison used against infestation, copies of an
affidavit from the building cleaner and copies of a receipt from an
Thereafter, a physical inspection of the subject building was
conducted on June 7, 1991 by a DHCR staff member who reported in
relevant part no vermin infestation in public areas of the building,
no garbage accumulation in the garbage disposal area, and the
existence of sufficient lighting in the hallways. The inspector also
reported that the public hallways, floors, and steps had debris and
were dirty; that the public areas throughout needed mopping and
Another inspection was conducted on September 4, 1991. The inspector
again confirmed the existence of dirt and debris in the public
areas. There was no confirmation of the existence of other defective
conditions or any unsafe propane gas stored in the building
By an order dated December 23, 1991, the Administrator directed the
restoration of services and ordered a reduction of the maximum legal
rent as follows:
1) Building-wide janitorial services not maintained- $5.00
2) Superintendent services not maintained- $3.00
In this petition, the tenant contends in substance that the order
failed to address the tenant's complaint concerning lighting in the
hallways, the safety of propane gas stored in the building vicinity
and the problem of rat and roach infestation.
On March 16, 1992, a copy of the petition was mailed to the owner.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
decrease in services. The tenant's petition does not establish any
basis to modify or revoke the Administrator's determination based on
June 7, 1991 and September 4, 1991 inspections which confirmed the
existence of dirt and debris in the public areas, not the existence
of other defective conditions. Rather, the inspections found no
lighting problem in the hallways and no rat and roach infestation in
The Commissioner notes that the issue of the safety of propane gas
stored in the building vicinity is not within the realm of DHCR's
expertise, and the Administrator properly did not address the issue.
The tenant is advised to seek relief from those New York City
agencies having jurisdiciton thereof.
Accordingly, the order was in all respects proper and is hereby
THEREFORE, in accordance with the Rent and Eviction Regulations 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.
JOSEPH A. D'AGOSTA