STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH120138RO
DOCKET NO.: BK120819S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 33-07 Junction Boulevard, Apt.# 2C,
Jackson Heights, 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 petition.
The tenant commenced the proceeding below by filing a complaint on
December 2, 1987, asserting that the owner had failed to maintain
certain services in the subject apartment. The tenant states that
there is no heat and hot water service, the hot water faucet is
constantly leaking, the ceiling needs to be fixed and painted, the
hallway ceiling is peeling, a window is broken, and there is roach
and mice infestation.
A copy of the complaint was mailed to the owner at the correct
address on February 16, 1988. No response was received by the
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on June 17, 1988 who confirmed the existence of
the following defective conditions:
1. The hot water temperature was 100@ - inadequate.
2. The kitchen faucet leaks.
3. Ceilings have peeling paint and plaster throughout apartment.
4. The bedroom had a broken window pane.
5. There was evidence of roach and rodent infestation.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of 17«% of the maximum legal rent plus
$8.00 per month.
In its petition for administrative review, the owner states, in
substance, that she was never notified by DHCR nor the tenant
regarding the complaint and therefore was not given due process.
The DHCR served a copy of the petition on the tenant on October 6,
1988. The tenant answered that the landlord has been well informed
of the problems that exist with the apartment and has elected not
to make the necessary repairs and that in the future the tenant
will send the owner a registered letter so that she will not be
able to deny receipt.
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 Regulations,
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 a physical
inspection, conducted on June 17, 1988, confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The owner states that she never received a copy of the tenant's
complaint and thus was not afforded due process. However, the
complaint was properly addressed to the owner at the same address
indicated by the owner on the Petition for Administrative Review,
and is, therefore, presumed to have been received.
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