Opinion
April 29, 1999
Appeal from the Supreme Court, New York County (Luis Gonzalez, J.).
What constitutes essential or required services within the meaning of the rent laws and whether they have been reduced are factual questions to be determined by DHCR ( see, Matter of ANF Co. v. Division of Hous. Community Renewal, 176 A.D.2d 518, 520, citing Fresh Meadows Assocs. v. Conciliation Appeals Bd., 88 Misc.2d 1003, 1004, affd 55 A.D.2d 599, affd 42 N.Y.2d 925). That is certainly no less the case where, as here, DHCR deems such questions to depend largely on witness credibility and holds a hearing. The record, in particular the testimony of the tenants, provides ample rational basis for DHCR's findings that the services and amenities in issue were reduced, and that the reductions were not de minimis. We have considered petitioner's arguments that the determination should be annulled because, prior to the issuance of the Rent Administrator's order, it was not given a copy of the Administrative Law Judge's report, and also was not given an opportunity to correct any violations, and find them to be unpersuasive.
Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.