BH 210207 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.: BH 210207 RO
David Smith, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: AK 210569-S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 5, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on July 7, 1987 by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
44 Winthrop Street, Apt 3-A, Brooklyn, New York.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment based upon the
owner's failure to repair cracked plaster in the ceiling, large
holes in the walls, excessive leaks in the bathroom and the
kitchen cabinets.
The District Rent Administrator's order, appealed herein, reduced
the maximum rent of the subject apartment to the level in effect
prior to the last rent guideline increase based upon the findings
of an inspection held on April 13, 1987.
On appeal, the petitioner-owner contended that the repairs were
completed to the satisfaction of the tenant.
The tenant filed an answer to the petition, on November 19, 1987,
which stated, that the owner is overcharging him.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted.
The record shows that the owner and tenant entered into a "court
ordered" stipulation, on November 17, 1986, which provided, inter
alia, for a variety of repairs to be made by the owner on the
condition that the tenant pay back-rent to the owner.
On December 15, 1986, the court noted that the terms of the
stipulation were satisfied and that the respondent (tenant)
agreed that all repairs had been made. The case was, therefore,
discontinued. The aforesaid stipulation was executed in Civil
Court of the City of New York, County of Kings; before
Hon. J. Matthews, under Index No. 86337/86.
The Commissioner finds that those repairs noted in the aforesaid
stipulation were near-identical to those stated in the Tenant's
BH 210207 RO
Individual Statement of Complaint of Decrease in Services filed
with the DHCR, on November 5, 1986.
The inspector's report of April 13, 1987, confirmed that all
repairs had been completed; but noted that painting - although
done - had not been done in a workmanlike manner.
The report also noted that the wall cabinet hinges and door lock
were faulty.
The Commissioner notes that the tenant never specifically
complained about defective cabinet hinges and locks in his DHCR
complaint and that they therefore should not have appeared in the
inspector's report.
The Commissioner further notes that the tenant advised the Court
that all repairs, including painting, had been performed to his
satisfaction.
Accordingly, the Commissioner finds that the District Rent
Administrator erred by issuing the order below.
Should there be arrears owing to the owner as a result of this
order and opinion the tenant shall be permitted to pay off such
arrears in six equal monthly installments beginning with the
first rent payment date after issuance of this order and opinion.
Should the tenant have vacated or attempt to vacate such arrears
shall be payable immediately.
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 District Rent Administrator's order dated July 7,
1987 be, and the same hereby is, revoked in accordance with this
order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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