ADM. REVIEW DOCKET NO.: BH 610111 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 610111 RO
:
DRO DOCKET NO.:
AK 610519 S
MOORBUILT ARMS, INC.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 6, 1987, the above named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued
on July 7, 1987 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
2257 University Ave., Bronx, New York 10468, Apartment No. 1B,
wherein the Administrator determined the tenant's complaint of a
reduction of services.
In the proceedings below, the owner acknowledged service of
the tenant's complaint, but asserted that the complaint was
illegible and made no sense. Nevertheless, the owner stated that
the tenant's refrigerator had been repaired, in lieu of the
tenant's request for a used replacement in good condition. The
owner also alleged that the refrigerator defects were tenant
induced. The answer was silent as to the tenant's complaint of a
defective bathtub. An inspection conducted on April 1, 1987
confirmed that the refrigerator and bathtub remained defective
and required repairs.
On appeal, the owner sets forth that the tenant's
refrigerator has been replaced. However, the owner claims that
there are no used bathtubs available, and that the tenant refused
to accept a new one and pay the costs pursuant to the provisions
of the Code. The owner reiterates that the refrigerator defects
were tenant induced.
The applicable law is Section 2520.6(r) and 2523.4 of the
Rent Stabilization Code.
To remedy defective equipment an owner has the option of
repairing the unit, installing a new model or installing a
working used model. Given that an owner is normally required to
obtain the tenant's written consent to a rent increase for new
equipment, an owner will normally choose to install used
ADM. REVIEW DOCKET NO.: BH 610111 RO
equipment at no cost to the tenant, if existing equipment is
irreparable. However, when neither adequate repair nor a used
substitute is available, the owner cannot compel the tenant to
accept a reduced level of services or to accept a rent increase
for new equipment. In such instances, the owner must restore
services with new equipment, if necessary, at no additional cost
to the tenant, in order to be eligible for a rent restoration.
The Administrator properly found a reduction of services
based on the record presented, including an inspection that
confirmed the tenant's allegations of defective equipment. In
the absence of evidence that the conditions were tenant induced,
the rent reduction granted was proper. Whether or not the
conditions were tenant induced, the owner also has a continuing
obligation to maintain services and to make repairs. However,
this determination is without prejudice to the owner's right to
seek relief for any alleged damages caused by the tenant, in a
Court of competent jurisdiction, as the facts may warrant.
The owner is advised to apply for a rent restoration
predicated upon a restoration of services, as the facts may
warrant, if the owner has not done so already.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be,
and the same hereby is, denied, and that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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