BI220270RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BI220270RO REOPENED
RENT ADMINISTRATOR'S
BARBARA BARON, DOCKET NO.:
BA220677S
PREMISES:
95 Nassau Ave.
PETITIONER Apt. 4-L, Brooklyn, NY
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AFTER REOPENING
The above-named owner filed a timely petition for administrative
review of an order issued 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.
On January 21, 1987, the tenant commenced the proceeding below by
filing a complaint of a decrease in services alleging the
following:
1. Roof leaks - mildew throughout apartment.
2. No access to cellar - if fuses blow, cannot be
repaired.
3. Lack of heat - no heat during appropriate
hours.
4. No notification if water is turned off.
5. Sanitation - garbage stored weekly in bags at
97 Nassau Ave.
6. No super - weekends, evenings, no telephone
number.
7. Rodent infestation - due to garbage
8. Ceilings peeling.
9. Condensation on all windows.
10. Water damage throughout.
BI220270RO
11. Entire apartment needs painting.
12. No lease.
13. Entire apartment needs plastering.
14. Bathroom tiles need to be replaced.
15. Bathroom bowl needs to be secured.
On March 20, 1987, the owner interposed an answer to the tenant's
complaint stating that the apartment had been painted and that the
mildew was a result of the tenant's cooking and never opening the
windows. The owner denied the allegation concerning heat, rodents,
notification that the water would be turned off, access to the
cellar and sanitation. In addition, the owner asserted that these
complaints were also recorded in Docket Numbers 220677, 220197 and
230080.
The Rent Administrator ordered a physical inspection of the sub-
ject premises. The inspection was conducted on April 3, 1987, and
found the following services and/or conditions not provided or
maintained:
1. Apartment painted in an unworkmanlike manner.
2. Mildew in kitchen closet, bedroom closet walls
and ceiling.
3. Four windows in the apartment have moisture
seepage.
4. Kitchen window has an inch space between the
window and the frame.
5. The bathroom floor tiles are cracked.
On August 31, 1987, the Rent Administrator directed restoration of
these services and a reduction of the maximum legal rent by $15.00
+ 5% of the maximum legal rent. The rent reduction was itemized as
follows:
1. Apartment painted in an unworkmanlike 5% of maximum
manner. legal rent
2. Mildew in kitchen closet, bedroom
closet walls and ceiling . . . . . . . . $ 6.00
3. Four windows in the apartment have
moisture seepage . . . . . . . . . . . . 4.00
4. Kitchen window has inch space between
the window and frame . . . . . . . . . . 2.00
5. The bathroom floor tiles are cracked . . 3.00
$ 15.00
=====
BI220270RO
On July 2, 1992 the Commissioner issued an order and opinion
granting the owner's petition for administrative review in part.
The order here under review was modified to revoke the findings
relating to apartment mildew, water seepage and lack of painting
and to further revoke the rent reductions ordered therefrom as a
duplication of a rent reduction ordered in Docket No. AC220273S.
The Commissioner also noted that the owner filed a rent restoration
application (Docket No. CK220059OR) which was denied based on the
owner's failure to repair the kitchen window and frame and bathroom
tiles. The owner requested reconsideration of this order on July
28, 1992. On September 22, 1992 the Commissioner issued an order
granting reconsideration.
The sole issue to be determined on reconsideration is whether the
Administrator had restored the rent based on the repair of the
kitchen window and bathroom tiles. As stated in the Commissioner's
September 22, 1992 order granting reconsideration, Docket No.
BG220017OR issued January 17, 1988 ordered partial rent restoration
for these conditions. Therefore, the Commissioner's July 2, 1992
order granting the owner's petition for administrative review in
part is modified to delete the paragraph relating to Docket No.
CK220059OR and to substitute the following paragraph: "(T)he
Commissioner notes that the owner's application for restoration of
rent, based on a restoration of services was granted, in part, on
January 12, 1988, in an order bearing Docket No. BG220017OR." In
all other respects the order issued on July 2, 1992 is affirmed.
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 in
part and the District Rent Administrator's order be, and the same
hereby is, modified as above set forth and, as so modified,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
