BJ210074RT
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.: BJ210074RT
GLORIS DEBRO RENT ADMINISTRATOR'S
DOCKET NO.: AC210075OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING RENT RESTORATION ORDER
On October 2, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on August 25,
1987, by the Rent Administrator, concerning the housing
accommodation known as Apt. #F5, 178 Ocean Parkway, Brooklyn, New
York wherein the Administrator granted the owner's rent restoration
application.
The commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
A review of the record reveals that the owner filed an application
to restore rent on March 31, 1986 in which it was stated that all
services for which a rent reduction had been ordered in Docket No.
KO00830S had been restored. Specifically, the rent had been
reduced for leak-damaged living room ceiling and walls, and an
inoperative intercom.
The application was sent to the tenant on May 1, 1986. The tenant
advised on January 29, 1987 that the roof was repaired in November
1986 and the tenant enclosed a copy of a contract describing
repairs done to the roof on November 20, 1986. The tenant
submitted a copy of a letter that had been sent to the Division on
December 1, 1986 explaining that the tenant experienced water
damage due to roof leakage on November 19, 1986 and that the
landlord had the roof repaired and gave the tenant the contract for
the tenant to send to the Division as evidence of the work done.
The tenant also submitted copies of correspondence establishing
that the building had a new owner.
A physical inspection by the Division on April 29, 1987 revealed
that the living room ceiling and the intercom had been repaired.
BJ210074RT
Based on this inspection, the rent was restored effective June 1,
1986.
In the petition for administrative review the tenant asserts, in
substance, that the order should be amended to reflect the new
owner and the fact that the repairs were not completed until
November 20, 1986 as evidenced by the contract the owner gave the
tenant which the tenant sent to the Division with copies to the
owner.
In answer to the petition, the owner agrees that the order should
be amended to reflect the new owner and states that the leak which
occurred on November 19, 1986 was corrected by November 20, 1986 to
the satisfaction of the tenant and there have been no problems
since.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted.
A review of the record reveals that the owner submitted with the
rent restoration application evidence of pointing work done in July
1985 which was well before the inspection in the rent reduction
proceeding took place. The tenant's answer to the application and
the supporting contract pertaining to roof repairs in November 1986
adequately establish that the necessary repairs were not made until
that time. Accordingly, the repairs were not done when the
restoration application was filed and served on the tenant and the
rent restoration should not be effective as of that date.
THEREFORE, in accordance with the Rent Stabilization Law & Code, it
is,
ORDERED, that this petition be and the same hereby is granted and
the Administrator's order be and the same hereby is modified to
restore the rent as of December 1, 1986 and to indicate that the
owner is 178 O.P. Associates.
ISSUED:
JOSEPH A. D'AGOSTA
DEPUTY COMMISSIONER
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