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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 510198 RO
WEST 143RD ASSOCIATES DISTRICT RENT
NO.: FJ 510524 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 5, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued February 19, 1992. The order concerned housing
accommodations known as Apt 1C located at 610 West 143rd 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 October 18, 1991 wherein she
alleged the following services deficiencies:
1. Kitchen faucet leaking; sink clogged due to severe
2. Bathroom faucet leaks; bathroom door does not lock,
3. Bedroom door falling.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on November
20, 1991 and stated that repairs had been made to the subject
apartment. The owner provided copies of signed work orders which
were offered to show that the repairs had been made.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on January 24, 1992 and
revealed the following:
1. Kitchen sink drain shows evidence of water back-up,
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2. Kitchen faucet leaking,
3. Defective bathroom door which did not
The following services were found to have been maintained:
1. No evidence of leaking bathroom faucet,
2. No defect in bedroom hinge.
The Administrator issued the order here under review on
February 19, 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 attempted to investigate
the tenant's complaints on February 24, 1992 and February 25, 1992
and was able to make repairs to the bathroom door and faucet.
Attempts to complete repairs on March 5, 1992 were unsuccessful
because the tenant did not allow access. The owner submitted
copies of signed
which were offered to show that repairs had been made.
The tenant filed a response on April 28, 1992 and stated that
the kitchen water faucet was still not repaired. She also stated
that she had not refused access to the owner.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The statements of the owner refer to attempts to make repairs
after the order here under review was issued. Such attempts do not
bear on the issue of whether the order here under review was
Pursuant to 9 NYCRR 2523.4 (a) a tenant may apply to the DHCR
for a rent reduction and the rent shall be reduced upon a finding
that the owner has failed to maintain required services. Pursuant
to 9 NYCRR 2520.6 (r) maintenance and repair are defined as
required services. The Administrator properly based this
determination on the entire record including the results of the on-
site physical inspection conducted on January 24, 1992. The order
here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code
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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