BH 430057-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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.:
BH 430057-RO
RENT ADMINISTRATOR'S
MELOHN PROPERTIES, DOCKET NO.:
AJ 430069-B
PREMISES: 327 Central Park W.
PETITIONER New York, New York
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition.
The tenants commenced this proceeding by filing a complaint of a
decrease in building-wide services asserting, inter alia, chronic
roof leaks.
On January 8, 1987 a physical inspection of the subject building
was carried out by the Division of Housing and Community Renewal
(DHCR). In his report the inspector noted that although the
"roof appears worn in several spots", nonetheless "there was no
water damage in any public areas".
The Rent Administrator concluded that there was a diminution of
service and further ordered, a reduction of the regulated rents
based on the findings "roof is worn in various areas".
In its petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging inter alia
that it was clearly ultra vires for the Rent Administrator to
direct rent reductions based on a finding of a condition not
complained of by the tenants.
In answer to the owner's petition the tenant of apartment 7-B
BH 430057-RO
alleges that "chronic and severe leaks" have plagued the tenants
of apartments 17A and 17D, directly under the roof, for years.
After careful consideration the Commissioner is of the opinion
that this petition should be granted.
The Commissioner notes that the tenants complained about chronic
roof leaks and that the inspector's report clearly states that
"there was no water damage in any public areas." Accordingly,
this allegation of a decrease in building-wide service was
without merit. Although the tenant of apartment 7B states that
the tenants of apartments 17A and 17D are plagued by chronic roof
leaks it is noteworthy that neither the tenant of apartment 17A
nor the tenant of apartment 17D were signatories of the original
complaint of a decrease in building-wide service and neither have
interposed answers to the owner's petition.
The Commissioner is of the opinion that roof wear, per se, is not
a diminution of essential service even if it had been alleged in
the tenant's complaint.
Tenants are advised that if their individual apartments have
leaks or water damage they may file individual complaints
regarding these problems and rent reductions may be ordered
irrespective of causation. Hence, it is not necessary to allege
that the leaks emanate from the roof, defective pipes, upstairs
flooding, interstitial seepage, a need for pointing, etc...
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, granted
and that the Rent Administrator's order be, and the same hereby
is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
BH 430057-RO
|
