DC410119RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC410119RO
RENT ADMINISTRATOR'S
CHARLES H. GREENTHAL CORP., DOCKET NO.: CB410755S
PREMISES: Apt.12-C
412 East 55th St.
PETITIONER New York, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely Petition for Adminis-
trative Review (PAR) against an order issued on February 24, 1989,
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 this proceeding on February 12, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On June 3, 1988, the Division of Housing and Community Renewal
(DHCR) mailed a copy of the complaint to the owner.
Thereafter, a physical inspection of the subject apartment was
conducted on January 25, 1989, by a DHCR staff member who confirmed
that there were no numerical identifiers on the apartment front
door; the apartment had peeling paint and plaster throughout; the
bathroom sink stopper was defective; there was crumbling plaster on
walls located behind the radiators throughout; the kitchen cabinet
doors failed to close properly; the kitchen fluorescent light bulb
required replacement; and there was inadequate shower water
pressure.
By an order dated February 24, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
DC410119RO
In the petition for administrative review, the owner contends in
substance that it never received the tenant's complaint; that the
lack of numerical identifiers on the apartment door, the defective
kitchen cabinet doors and the defective kitchen fluorescent light
bulb are not "required services"; that the tenant refused access in
the proceeding below; and that repairs were undertaken once the
tenant permitted access.
In answer, the tenant denied the allegations in the petition and
otherwise asserted that the owner was aware of these conditions
even prior to the DHCR complaint due to litigation in landlord/-
tenant court; that he never refused access but that the owner does
not return his calls to schedule the commencement and completion of
repairs; that on the eve of their trial in landlord/tenant court,
the repairmen knocked down the plaster on the walls and aggravated
the leak; that the owner failed to complete the repairs which were
abandoned in an unworkmanlike manner; and that the results of the
January 25, 1989 inspection should be upheld.
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
authorized to order a rent reduction upon application by a tenant
where it is found that an owner has failed to maintain required
services. The petition does not establish any basis to modify or
revoke the Administrator's determination based on the January 25,
1989, physical inspection which confirmed the existence of
defective conditions. Accordingly, the order appealed from was in
all respects proper and is hereby sustained.
Despite the owner's contentions, the Commissioner finds that the
lack of numerical identifiers on the apartment door, the defective
kitchen cabinet doors and the defective kitchen fluorescent light
bulb, including many other defective conditions confirmed by
inspection are decreases in services, warranting a rent reduction.
The allegation that the owner did not receive the complaint is
unsubstantiated and without merit. The record establishes that on
June 3, 1988, DHCR mailed a copy of the complaint to the owner.
There is nothing in the Administrator's file indicating that the
owner filed an answer.
The Commissioner notes that the owner's rent restoration
application (FE410039OR) was denied on November 25, 1991.
The automatic stay of the retroactive rent reduction that resulted
DC410119RO
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied; and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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