Docket Number: AL 520644-RO
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.: AL 520644 RO
JOHN DRAGO,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: UC 002148-S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 26, 1986, the above-named owner filed a Petition for
Administrative Review of an order issued on December 5, 1986 by a
District Rent Administrator concerning the housing accommodations
known as (Apt. 2B), 740 West 187th Street, New York, New York,
wherein the Administrator determined that the owner had failed to
maintain certain services and accordingly reduced the rent for the
subject accommodations.
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 for review.
The tenant commenced this proceeding on October 1, 1985 by the
filing of a complaint of a diminution in services. More
specifically, the tenant asserted that her apartment had been
painted in June 1985 and, with the exception of the kitchen, the
paint had blistered. The tenant further asserted that the plaster
on some of the walls was very lumpy.
On October 28, 1985 the owner responded asserting that the tenant,
due to illness, was denying access to the plasterer and
painter/contractor, and that the tenant would consider the work in
April or May of 1986. The owner said that he would do the work at
that time if she wished.
On April 30, 1986, the tenant informed the Division of Housing and
Community Renewal (D.H.C.R.) that the painting and plastering
scheduled to be done in May 1986 would have to be deferred until
her husband had recuperated. The tenant further, in substance,
indicated, that, provided the conditions were not unbearable, they
were willing to wait three years to have the painting and
plastering done.
On May 30, 1986, a rent agency inspector inspected the subject
apartment and reported that, although the apartment was in need of
painting and replastering, the tenant had requested that no work
be done in the subject apartment until her husband had
sufficiently recuperated from an illness, which she expected would
be in several months.
Docket Number: AL 520644-RO
On September 29, 1986, the D.H.C.R. directed the owner to send a
registered letter to the tenant, and a copy of the same to the
D.H.C.R., informing the tenant at least 48 hours prior to the date
the repairs were to be made, of that date. The owner was advised
that a failure to send such a notice would result in a reduction
of the rent.
On December 5, 1986 the District Rent Administrator issued an
order in which the rent for the subject apartment was reduced by
$23.78 per month effective the first rent payment day following
the issuance date of the order to reflect a finding that the
apartment required plastering and painting.
On December 19, 1986 the tenant advised the D.H.C.R., among other
things, that she and her husband had vacated the subject
apartment.
In a petition filed December 26, 1986 the owner asserts that the
order issued by the Administrator should be revoked because the
owner contends that the necessary painting and plastering would
have been completed had the tenant not prevented access. The
owner encloses copies of his response to the D.H.C.R. notice of
September 29, 1986, directing him to send a registered letter to
the tenant, advising the tenant, at least 48 hours prior to the
date repairs were to be made, of that date. In that response, the
owner had asserted that the tenant had requested that the
repainting and replastering be done in October 1986. The owner
also encloses a note from the painter, dated April 29, 1986, in
which the painter asserts that the tenant informed him that she
wanted the painting done in September (1986); a note from the
tenants to the owner, dated October 1, 1986, informing him that
they would be vacating the subject apartment on October 31, 1986,
and a letter from the owner to the D.H.C.R., dated November 17,
1986, informing the D.H.C.R. that the tenants had vacated the
subject apartment on October 31, 1986 and the subject apartment
had been replastered and repainted. The owner requested that the
docket be cancelled.
After careful consideration, the Commissioner is of the opinion
that this petition should be granted.
The record reveals that the repainting and replastering work was
delayed at the tenant's request. Evidence submitted with the
petition indicates that the owner sent the D.H.C.R. a memo, in
November 1986, indicating that the tenants had vacated the subject
premises on October 31, 1986 and that the services for which the
Docket Number: AL 520644-RO
rent was reduced had been fully restored less than one month
following the tenants' vacancy, and before the order was issued.
The record reveals that the owner's letter was not considered when
this proceeding was before the District Rent Administrator.
Therefore, the District Rent Administrator's order was not
warranted and should be revoked.
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, granted,
and that the order of the District Rent Administrator be, and the
same hereby is, revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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