ADM. APPEAL DOCKET NO. BG-610210 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.:
BG-610210 RO
:
DRO ORDER NO.:
AL - 610113 - S
JRD MANAGEMENT CORPORATION
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 21, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on July 13, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
1885 Grand Concourse, Apartment # 45, Bronx, New York.
The issue herein is whether the District Rent Administrator
properly issued the order of July 13, 1987, which directed the
owner to restore painting services to the subject apartment.
The District Rent Administrator's order, appealed herein,
found that the tenant did not request a rent reduction and
directed the owner to restore painting services to the subject
apartment.
On appeal, the petitioner-owner claimed that the District
Rent Administrator erred in issuing the order below because the
tenant was issued a painting credit to repair the water damaged
area himself.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be granted.
The file reveals that a DHCR inspection, held on March 11,
1987, showed that painting repairs had been made - albeit in
beige rather than white.
The Commissioner notes that the area file contains a fully
executed S-1 Request For Information from the tenant affirming
that services have been restored and that all is "O.K."
ADM. APPEAL DOCKET NO. BG-610210 RO
Subsequently, the owner submitted, in support of its
petition, a statement of withdrawal, dated July 21, 1987, from
the tenant attesting to the fact that "this matter has been
completed to my satisfaction."
The Commissioner further notes that the evidence of record
includes a painting allowance agreement dated June 19, 1987
executed by the parties to this proceeding.
Accordingly, the Commissioner finds that the District Rent
Administrator erred by issuing the order of July 13, 1987.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
granted and that the order of the District Rent Administrator be,
and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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