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

       ------------------------------------X 
       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    : 
       ------------------------------------X                             

              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
                                           
    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name