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



          ------------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.: BJ610222RT

                    Tina Bilotta,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: BA610030OR
                                   PETITIONER
          ------------------------------------x

            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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