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. AJ 130083-RT
:
RENT ADMINISTRATOR'S
ISIS HABASHY, DOCKET NO. QCS 000348-OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 29, 1986, the above-named tenant refiled a petition for
administrative review of an order issued on July 22, 1986, by a Rent
Administrator concerning the housing accommodation known as Apartment 3D,
21-71 27th Street, Astoria, New York, wherein the Rent Administrator
determined that the owner was entitled to a rent increase based on a major
capital improvement.
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 for administrative review.
The owner commenced this proceeding on December 6, 1984 by filing an
application for a rent increase based on a major capital improvement, to
wit: pointing and waterproofing and 1000 square feet of new roofing at a
total cost of $4,240.93.
The owner certified that on July 22, 1985, he served each tenant with a
copy of the application and submitted one copy of the entire application
including all required supplements and supporting documentation to the
DHCR. The petitioner herein responded to the application alleging that
the claimed improvements were not done properly and that when it rains,
tar from the roof leaks into her apartment.
On July 22, 1986, the District Rent Administrator issued the order here
under review granting, in part, the application predicated on the pointing
and waterproofing of the subject premises. So much of the application as
pertained to partial roof repair was disallowed as not qualifying as a
MCI.
In the petition for administrative review, the tenant requests reversal of
the District Rent Administrator's order and contends, in substance, that
she should not be required to pay the rent increase unless the owner first
corrects the condition of a persistent roof leak allegedly resulting in
tar and mold deposits on the ceilings throughout her apartment.
In answer to the tenant's petition the owner alleges that, among other
things, the tenant poorly maintains her apartment.
After careful consideration the Commissioner is of the opinion that this
petition should be denied.
DOCKET NUMBER: AJ 130083-RT
The record discloses that the owner substantiated his application, to the
extent recognized by the Administrator (no increase was granted for roof
repairs) by the submissing of supporting documentation including copies of
a contract, contrator's certification, diagram of the areas where pointing
and waterproof work was performed together with copies of cancelled checks
in substantiation of the cost thereof. The record further discloses that
the Administrator's order was issued after the owner's advisement that
arrangements had been made to correct conditions complained of by the
tenant and the tenant's failure to respond to further inquiring by an
Administrator in connection with a related proceeding under Docket No.
QS 003707-S which was terminated on April 18, 1986.
Based upon the entire record, the Commissioner finds that the order of
the Administrator appealed herein is correct and should be affirmed.
The determination herein is without prejudice to the right of the tenant
filing an appropriate complaint if the owner is not now maintaining all
required services.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and that
the order of Rent Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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