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.:
MAYFLOWER DEVELOPMENT CORP.,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for admin-
istrative review (PAR) of an order issued concerning the housing
accommodation known as 425 Riverside Drive, Apartment 3-B,
New York, New York.
The Commissioner has reviewed all of 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 on
February 5, 1991, asserting that the owner had failed to maintain
certain services in the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on
January 21, 1993, who confirmed the existence of the following
1. Bathroom wall near tub is peeling
paint and plaster and has blisters.
2. Kitchen drain backed up.
3. Kitchen wall area around sink has
peeling paint and plaster and
4. Kitchen walls are peeling paint in
area of stove. Plaster is falling
from wall under sink.
A second inspection of the subject apartment was conducted on March
18, 1993, on one item that was omitted from the first inspection.
The following defective condition was found to exist:
Living room walls are not sanded or
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum rent by $18.00 per
In its petition for administrative review, the owner states in
substance, that the required plumbing in the kitchen of the
apartment as well as the plastering and painting required in the
kitchen and living room of the apartment, had been completed and
that there should not have been a reduction in rent for services
that had been restored approximately a year ago.
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 Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and removal of refuse.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining essential services based on physical inspec-
tions on January 21, 1993 and March 18, 1993, confirming the
existence of defective conditions in the subject apartment for
which a rent reduction of $18.00 per month is warranted.
The Administrator's order was properly based on the on-site inspec-
tions which confirmed the existence of defective conditions in the
subject apartment. Accordingly, the determination was in all
respects proper and is hereby sustained.
The Division's records reveal that a rent restoration application
is pending before the Administrator under Docket No. HG510139OR.
The rent reduction remains in effect until the application is
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, 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 A. D'AGOSTA