BJ610222RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BJ610222RT
Tina Bilotta,
RENT ADMINISTRATOR'S
DOCKET NO.: BA610030OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On October 22, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on October 1,
1987, by the Rent Administrator, concerning the housing
accommodation known as 4555 Henry Hudson Parkway, Apt. A908, Bronx,
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 by the administrative appeal.
The record indicates that the owner filed an Application to Restore
Rent on January 6, 1987, asserting that all services for which a
rent reduction order was issued on April 4, 1985 under Docket No.
BS001424S had been restored. The rent had been reduced for
inoperative air vents in the kitchen and bathroom, a defective
kitchen counter, a leak damaged bathtub, water damaged windows in
the living room and bedroom, no extermination services provided, a
cracked toilet bowl, and a defective iron grating over the terrace.
The owner included with the application a copy of a letter dated
October 16, 1986 from the Compliance Bureau reporting that an
inspection on October 8, 1986 revealed that all conditions had been
corrected except for the bathroom vent and minor water stains on
the living room window sill.
In the application, the owner stated that the living room windows
have been recaulked, the rooftop exhaust fans have been overhauled
to assure adequate ventilation, and a motorized fan that is
activated by a light switch was installed in the bathroom.
The application was served on the tenant on February 3, 1987. The
tenant answered that conditions have not improved and have in fact
BJ610222RT
deteriorated.
A physical inspection by DHCR on June 22, 1987 revealed that the
kitchen vent was working, the bathroom vent was replaced with one
that works when the light is on, the two living room window sills
still have peeling paint due to water leaks, and all other repairs
were completed.
Based on this inspection, the order appealed herein was issued
granting the owner's application and directing the owner to repair
the two living room windows.
In the petition for administrative review, the tenant asserts that
none of the conditions cited in the rent reduction order were
repaired and that the rent should not have been restored when the
owner was directed to repair the windows.
In answer to the petition, the owner argues that rent restoration
was warranted based on the June 22, 1987 inspection; that
subsequent to the inspection, the tenant asked for service on four
occasions but limited the requests to repairs to the refrigerator
and stove only; and that the owner advised the Compliance Unit
prior to the issuance of the restoration order that the condition
of the windows would be corrected when a building-wide window
replacement program is implemented in six to eight weeks.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted
in part.
The physical inspection by DHCR in the rent restoration proceeding
revealed the restoration of all services, except for the leak
damaged window sills. Based on this report, the Administrator
should not have granted the owner's application until it was
established that all repairs, including the leak damaged window
sills, were completed.
However, due to the length of time that has elapsed since the rent
restoration order was issued, and the prejudice that would result
to the owner by revocation of this order when there was no
opportunity for the owner to refile for restoration, the
Commissioner deems it appropriate to modify the Rent
Administrator's order to restore the rent effective August 1, 1988,
rather than March 1, 1987, because the tenant advised the Division
on July 8, 1988 in a Compliance proceeding that the complaint of
noncompliance with that portion of the order directing repairs to
the windows was being withdrawn.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be and the same hereby is granted in
BJ610222RT
part and the Rent Administrator's order be and the same hereby is
modified in accordance with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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