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
APPEALS OF DOCKET NOS.:
4200 AVENUE K REALTY CORP., RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed two timely Petitions for
Administrative Review (PAR) of an order issued concerning the
housing accommodations known as 4200 Avenue K, Various Apartments,
Brooklyn, New York.
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 petitions. The petitions are consolidated for
disposition herein because they involve common questions of law and
The owner commenced the proceeding below by filing a rent restora-
tion application on December 24, 1987, asserting that all services
for which a rent reduction order had been issued have been restored
(Docket No. AL230090B). A building-wide rent reduction order had
been issued for an inaudible intercom, blocked fire exit stair-
wells, garbage strewn over the grounds, broken mailboxes and locks,
and peeling plaster and paint on the sixth floor ceilings due to
One tenant filed an answer saying that some but not all repairs
have been completed.
Thereafter an inspection of the subject building was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on
March 4, 1988, who confirmed the existence of the following
1. Garbage strewn over the ground.
2. Sixth floor south end of building stairway is
leak damaged, 6th floor north end of building
incinerator needs painting.
3.The intercom is inaudible.
Based on this inspection, the Rent Administrator denied the owner's
In its petitions for administrative review, the owner states, in
substance, that a full-time porter has been hired to care for the
grounds, that repairs were made to the sixth floor south end of the
building, and that the intercom was fixed. The owner attached a
letter from one tenant stating that all necessary repairs have been
The DHCR served a copy of the petition on the tenants on September
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. The owner's petitions do not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of defec-
tive conditions in the subject building for which a denial of the
owner's rent restoration application is warranted.
The Division's records reveal that a subsequent rent restoration
application (Docket No. CK210128OR) was granted on June 5, 1989.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that these petitions be, and the same hereby are, denied,
and that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA