GC 410200 RO
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.: GC 410200 RO
TAYLOR ESTATES, INC. C/O DISTRICT RENT
RUDIN MGMT. CO., INC. ADMINISTRATOR'S DOCKET
NO.: FI 410479 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 25, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued February 18, 1992. The order concerned housing
accommodations known as Apt 16 A located at 25 West 81st Street,
New York, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding by filing a Statement of
Complaint of Decrease in Services on September 18, 1991 wherein he
alleged that the ceilings and walls were in need of repair and that
plaster and paint were falling from the damaged areas. The tenant
stated that the complained of conditions were known to the owner
but that repairs had not been made.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October 4,
1991 and stated that it had investigated the problem and determined
that the tenant's apartment was located under a large terrace area
and that moisture had penetrated the roof and appeared in the
subject apartment. The owner also stated that the roof had to be
replaced and the area above the apartment pointed and repaired.
Finally, the owner stated that it hoped that the needed work would
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on January 28, 1992 and
revealed the existence of extensive water leaks causing peeling
paint and plaster in the living room, 1st, 2nd and master bedroom
and bathroom, hallway, maid room and bathroom. The inspector
reported extensive damage which rendered parts of the rooms
The Administrator issued the order here under review on
GC 410200 RO
February 18, 1992 and ordered a rent reduction equal to the most
recent guideline adjustment based on the report of the inspector.
On appeal the owner states that it has made good faith efforts
at repairing the conditions once it was notified that they existed.
The owner further states that the repairs are difficult to make and
that, when weather permits, the repairs have been ongoing.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The owner has not set forth any basis upon which to disturb
the findings of the Administrator. In fact, the owner does not
dispute that serious leak damage exists throughout the apartment
which the owner had several months to repair after notice of the
complaint but failed to do so. The Commissioner notes that,
pursuant to 9 NYCRR 2523.4 (a) a tenant may apply to the DHCR for
a rent reduction and the DHCR "shall reduce the rent for the period
for which it is found that the owner has failed to maintain
required services." Required services are defined in 9 NYCRR
2520.6 (r) to include repairs and maintenance.
The Commissioner finds that the Administrator properly based
the determination herein on the entire record, including the
response of the owner and the on-site physical inspection conducted
on January 28, 1992. Pursuant to the Rent Stabilization Code the
Administrator was required the reduce the rent upon determining
that the owner had failed to maintain services. The order here
under review is, therefore, affirmed.
The owner may file for rent restoration when services have
been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner