ADM. REVIEW DOCKET NO.: BF 210331 RO
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.:
BF 210331 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
TC 084747 P
WYNFRAME REALTY CO.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 2, 1987, the above named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued on
April 29, 1987 by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 6801 19th
Avenue, Brooklyn, New York, Apartment 5A.
The challenged order reduced the tenant's rent based on the
results of physical inspections conducted on July 9 and November
19, 1986 and February 17, 1987 that showed that plastering repairs
and painting had not been completed in a workmanlike manner,
establishing that the owner had not complied with a directive
contained in a previous order issued on May 28, 1985 to make these
repairs. Other conditions cited in the May 28, 1985 order were
found to have been corrected.
On appeal, as below, the owner disputes the Administrator's
findings that repairs were unworkmanlike. As below, the owner
submits itemized invoices from contractors and cancelled checks
reflecting payment for painting, plumbing and electrical repairs
from April 1984 through May 1986, and for the purchase of fixtures
in March 1987. The owner also submits evidence of painting repairs
conducted in May 1987, which was after the date of the
Administrator's order, and therefore not relevant evidence for
these proceedings.
Notwithstanding the owner's claim of completed repairs and the
evidence submitted, several inspections revealed that the
conditions cited in the May 28, 1985 order remained incomplete. It
is noted that a defective condition is not considered repaired in
ADM. REVIEW DOCKET NO.: BF 210331 RO
a workmanlike manner unless defects are fully corrected. Herein,
the latest physical inspection revealed that there were still areas
that had not been painted or were missing plaster or the plaster
was cracked. The evidence of record establishes that the owner
either failed to have the work done properly or to address the
underlying causes of the plaster and paint defects.
Division records further reveal that the Administrator denied
the owner's application to restore rent in an order issued on June
5, 1989 under Docket No. CI 210134 OR.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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