STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BARBARA BARON, DOCKET NO.:
95 Nassau Ave.
PETITIONER Apt. 4-L, Brooklyn, NY
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 the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
On January 21, 1987, the tenant commenced the proceeding below by
filing a complaint of a decrease in services alleging the
1. Roof leaks - mildew throughout apartment.
2. No access to cellar - if fuses blow, cannot
3. Lack of heat - no heat during appropriate
4. No notification if water is turned off.
5. Sanitation - garbage stored weekly in bags at
97 Nassau Ave.
6. No super - weekends, evenings, no telephone
7. Rodent infestation - due to garbage
8. Ceilings peeling.
9. Condensation on all windows.
10. Water damage throughout.
11. Entire apartment needs painting.
12. No lease.
13. Entire apartment needs plastering.
14. Bathroom tiles need to be replaced.
15. Bathroom bowl needs to be secured.
On March 20, 1987, the owner interposed an answer to the tenant's
complaint stating that the apartment had been painted and that
the mildew was a result of the tenant's cooking and never opening
the windows. The owner denied the allegation concerning heat,
rodents, notification that the water would be turned off, access
to the cellar and sanitation. In addition, the owner asserted
that these complaints were also recorded in Docket Numbers
220677, 220197 and 230080.
The Rent Administrator ordered a physical inspection of the sub-
ject premises. The inspection was conducted on April 3, 1987,
and found the following services and/or conditions not provided
1. Apartment painted in an unworkmanlike manner.
2. Mildew in kitchen closet, bedroom closet
walls and ceiling.
3. Four windows in the apartment have moisture
4. Kitchen window has an inch space between the
window and the frame.
5. The bathroom floor tiles are cracked.
On August 31, 1987, the Rent Administrator directed restoration
of these services and a reduction of the maximum legal rent by
$15.00 + 5% of the maximum legal rent. The rent reduction was
itemized as follows:
1. Apartment painted in an unworkmanlike 5% of maximum
manner. legal rent
2. Mildew in kitchen closet, bedroom
closet walls and ceiling . . . . . . . . $ 6.00
3. Four windows in the apartment have
moisture seepage . . . . . . . . . . . . 4.00
4. Kitchen window has inch space between
the window and frame . . . . . . . . . . 2.00
5. The bathroom floor tiles are cracked . . 3.00
In the petition, the owner states that the bathroom tiles were
replaced, the kitchen window and frame had been repaired and that
the three other services found not to be maintained a e duplica-
tive of services found not to be maintained in another rent
reduction order, under Docket No. AC 220273-S, issued December
16, 1986. The owner goes on to state that she entered into an
agreement with the New York City Department of Housing to
correct the violations in the subject apartment, and that an
inspection conducted on September 3, 1987 confirmed that all the
terms of the agreement were complied with by the deadline. In
addition, the owner stated that the mildew condition was caused
by a leak in the roof, which was replaced.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part.
A review of agency records discloses that on December 16, 1986,
the Rent Administrator reduced the rent by $19.07 per month,
under Docket No. AC 220723-S, based on a physical inspection
which revealed the following:
"Entire apartment has mildew from the ceil-
ings and walls, and therefore requires
The Commissioner notes that this finding and the findings in the
proceeding here under review regarding mildew, water seepage and
the painting of the apartment are in substance, equivalent. Thus,
the Commissioner finds that the portion of the order which, in
total, reduced the rent by $10.00 + 5% of the maximum, legal rent
for these three items should be revoked.
The owner's petition does not make clear whether it is the
owner's contention that the replacement of the bathroom tiles and
repair to the kitchen window and frame had been made before the
apartment was inspected or the order was issued or whether the
contention is that the replacement of the bathroom tiles and
repair of the kitchen window and frame were made following the
issuance of the Rent Administrator's order. If it is the former,
then the owner's allegations are belied by the report of the
agency inspector. If it is the latter, then the portion of the
order reducing the rent for these items was correct when issued.
The owner's contention regarding her agreement with the New York
City Department of Housing is raised for the first time in the
petition and is beyond the scope of review of administrative
appeals which is limited to a review of facts or evidence before
the Rent Administrator.
The Commissioner notes that the owner's application for a res-
toration of rent, based on a restoration of services, under
Docket No. CK 220059-OR was denied on July 26, 1989. This order
is issued without prejudice to a refiling of said application for
the repair and/or replacement of the kitchen window and frame as
well as the bathroom tiles.
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
in part and the District Rent Administrator's order be, and the
same hereby is, modified as above set forth and, as so modified,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner