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.:
RALPH LANGSAM ASSOCIATES, DOCKET NO.:
2446 University Ave.,
PETITIONER Apt. 5-E., Bronx, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment, including but not limited to, mildew apart-
In his answer the owner stated that services are being maintained
and that his painters had washed the walls with bleach and then
painted at the subject premises.
Thereafter an inspection of the subject building was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of mildew apartment wide.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In his petition for administrative review, the owner states that
all repairs had been completed as stated in his answer below.
The tenant interposed an answer to the owner's petition for
administrative review which stated that the mildew has returned,
that the bathroom was recently painted but the mildew will return.
The owner replied to the tenant's answer and stated that the tenant
agreed that the painters washed down the walls and painted where
there was a problem with mildew, however, the tenant should file a
new complaint when there is a new problem.
After careful review of the evidence in the record, the Commis-
sioner is of the opinion that the petition should be denied.
The owner's statement that the apartment walls were washed down and
painted and that the tenant should file a new complaint when there
is a new problem is not an adequate defense. Clearly, the owner
did not effectuate complete and workmanlike repairs to correct the
problem and its underlying cause.
Accordingly, based on a preponderance of the evidence, the Commis-
sioner finds that the owner has offered insufficient reason to
disturb the Administrator's determination on the entire record,
including the results of the on-site inspection conducted in the
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for a
restoration of rent based upon the restoration of services, if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner