BJ410373RO
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.:
BJ410373RO
HERBERT KASHIAN,
(Deceased) RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BF410109S
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued on September 17, 1987, concerning
the housing accommodations known as 244 West 12th Street, New York,
New York, Apartment 2, wherein the Administrator determined that
certain conditions found in the subject apartment constituted
services decreases. A copy of the petition was served on the
tenant.
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.
The tenant commenced this proceeding by filing a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner (since deceased) asserted that the
conditions had existed prior to his acquisition of title to the
property in 1979, that the list of alleged services decreases all
appeared on previous alllegations resulting in orders and rent
reductions, that the tenant had not paid rent since April 1984, and
that the conditions were tenant-induced. The owner also alleged
that the subject premises were not subject to rent control. However
administrative determinations, affirmed by the Courts, have deter-
mined the subject accommodations to be subject to the Rent and
Eviction Regulations for the City of New York.
An inspection of the subject premises conducted by a Division of
Housing and Community Renewal (DHCR) inspector confirmed a number
of defective conditions.
BJ410373RO
The Rent Administrator directed a restoration of these services,
and further, ordered a reduction of the controlled monthly rent as
follows:
1. Defective oven and completely rusted stove. $ 5.00
2. Floor boards and linoleum rotted and loose
in kitchen. 5.00
3. Floor boards loose and rotted in northern
room. 3.00
4. Defective light fixture in closet. 1.00
5. Door knob missing from inside closet and
defective fixture in north room. 4.00
6. Floor board loose and rotted in center room. 3.00
7. Bathroom sink and tub drain clogged. 5.00
8. Bathroom window sill rotted, warped and
cracked. 2.00
9. Bathroom tiles defective around tub and
defective shower. 3.00
10. Two windows in south room have defective
frames and sashes. 3.00
11. Ceiling plaster damaged in south room. 3.00
$ 37.00
=====
In the petition for administrative review, the owner states, in
substance, that several items (1, 2, 3, 4, 6, 7, 10 and 11) refer
to conditions for which prior rent reductions were granted by the
City Rent Commission (one of the predecessor agencies of the DHCR),
that one condition (4) was found by the City Rent Commission to
have been tenant-induced, that two conditions (8 and 11) related to
painting service for which the tenant assumed responsibility, and
that two conditions (7 and 9) were previously repaired but arose
again as a result of tenant negligence.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent & Eviction Regulations, the
Rent Administrator may order a decrease of the legal rent where
there has been a deterioration of the housing accommodations
because of the owner's failure to properly maintain the same, or
there had been a decrease in the dwelling space, essential ser-
vices, furniture, furnishings or equipment. The owner's petition
does not establish a basis for modifying or revoking the Adminis-
trative order, which determined that the owner was not maintaining
BJ410373RO
the subject accommodations based on a physical inspection con-
firming the existence of numerous defective conditions for which
rent reductions were warranted.
An examination of the record reveals that most of the conditions
cited, were not duplicative of rent reductions cited in prior rent
reduction orders.
However, defective floor boards in several areas were cited in a
1980 Rent Commission order. Consequently, no additional rent
reduction was warranted for this condition. The Rent Administra-
tor's order should be amended to revoke the $3.00 rent reduction
granted for this item.
Prior orders also found that the tenant is entitled to tri-annual
painting services. The owner's suggestion that the tenant is not
entitled to painting services or to repair of defective plaster
conditions is without merit.
The owner's suggestions that certain conditions were tenant induced
after repairs were made are rejected as the owner has provided no
proof thereof, and on the further grounds that it ignores the
owner's responsibility to correct such defective conditions.
The DHCR was informed by the representatives of the owner's estate
that the owner has since passed away. The owner's copy of this
determination shall be served on the representatives.
A rent restoration application may be filed if the facts so
warrant.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is, granted, in
part, to the extent of revoking that part of the Rent Adminis-
trator's order that granted the tenant a $3.00 rent reduction for
loose and rotted floor boards. In all other respects the Adminis-
trator's order is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
BJ410373RO
|
