BH 210188-RO
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.:
BH 210188-RO
SAL KENIGSBERG
(D.G.B. REALTY), RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER AL 210599-S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On August 7, 1987, the above-named petitioner-landlord filed a
petition for administrative review against an order issued on
July 22, 1987, by a Rent Administrator concerning the housing
accommodation known as Apartment 3-H, 100 Lefferts Avenue,
Brooklyn, New York, wherein the Administrator determined that the
owner was not maintaining certain services and ordered a rent re
duction.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issue raised by the administrative appeal.
The tenant commenced this proceeding on December 18, 1986 by
filing a complaint of decrease in services in which she listed
several items requiring repair.
In answer to the complaint, the landlord stated that the premises
were recently rehabilitated and the tenant has made no
complaints.
An inspector visited the premises on May 14, 1987 and found
evidence of roach infestation and evidence of back-up in the
kitchen sink.
The Administrator's order reduced the rent to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of this rent reduction, pursuant to Section
2520.6(r) and 2523.4 of the Rent Stabilization Code. The effec-
tive date of the reduction was February 1, 1987.
In the petition for administrative review, the landlord asserts
that the tenant never complained about any kitchen sink back-up,
BH 210188-RO
that the tenant refuses access, and that the order erroneously
cites the Rent Stabilization Code when the apartment is rent con
trolled.
In an answer to the petition dated November 10, 1987, the tenant
states "I have settled with the landlord about the problem I
had."
After careful consideration of the evidence of record, the Com-
missioner is of the opinion that the petitioner should be granted
in part and the Administrator's order should be modified.
The landlord's contention that the tenant never complained about
the kitchen sink is without merit since a review of the complaint
clearly includes a listing for "dirty sewage back-up in my
kitchen."
The Division's records, however, confirm that the subject
apartment is rent controlled and it was, therefore, improper to
reduce the rent by a guideline. In accordance with Section
2202.16 of the Rent and Eviction Regulations, a rent reduction
based on a finding of failure to maintain services should be in
an amount which the Administrator in h s discretion may deter-
mine. In the instant case the rent reduction should have been
$6.00 for the finding of roach infestation and $5.00 for the
kitchen sink back-up, effective August 1, 1987.
Moreover, since the tenant concedes in answer to the petition
that all problems have been resolved, the Commissioner finds that
the rent should be restored December 1, 1987, the month following
the date of the tenant's statement confirming restoration.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is,
ORDERED, that this petition be, and the same hereby is, modified
to order a rent reduction of $11.00 per month effective August 1,
1987 and restored as of December 1, 1987.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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