BI 420105 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.: BI 420105 RO
RONALD DAVIS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BB 520422 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 23, 1987 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued September 14, 1987. The order concerned
housing accommodations known as Apt 3-B located at 1890 7th
Avenue, New York, N.Y. The Administrator ordered a rent
reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on February 5, 1987 wherein
he alleged the following services deficiencies:
1. Bathroom doors broken
2. Half bathroom ceiling broken and falling due to
leak
3. Leaks in full bathroom and hallway ceilings
4. Defective intercom system
5. No superintendent
6. Vermin infestation
7. No lights in front of outside building entrance
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
March 27, 1987 and stated that the bathroom doors were repaired,
that the entire apartment has been replastered, that plumbing
work has been done in the apartment above that of the tenant to
stop the leaks, that the intercoms are fairly new and would be
repaired if necessary, that a superintendent lives in Apt. 3E,
that the building has the use of an exterminating service and
that new lights have been installed in the front of the building.
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on July 16, 1987
and revealed the following:
1. Kitchen, hallway and bathroom walls and ceilings
have peeling paint and plaster and are water
stained
2. Vermin infestation in apartment
3. Intercom inoperative
The Administrator issued the order here under review on
September 14, 1987 and ordered a rent reduction of $17.00 per
month based on the inspector's report.
On appeal the owner states that repairs have been made to
the apartment and that the tenant is aware of the existence of
exterminator services. Annexed to the petition is a copy of a
work order purportedly signed by the tenant dated April 3, 1987,
in which it is stated that the apartment was painted and
plastered and the intercom repaired. The owner also submits a
letter from the extermination service to the effect that it
offers its' services to the tenants on a monthly basis and has
done so since November, 1986.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
Section 2202.16 of the Rent and Eviction Regulations
provides that if an owner fails to maintain services, the Rent
Administrator may order a decrease in the maximum rent in an
amount which the Rent Administrator, in using discretion, may
determine.
The record in the instant case reveals that the tenant
complained about certain conditions at the subject apartment and
a physical inspection of the apartment confirmed that these
conditions indeed existed. The Commissioner notes that while the
owner questions the findings of fact, the record clearly reflects
those findings by virtue of the DHCR inspection which occurred on
July 16, 1987, subsequent to the April 3, 1987 work order.
Moreover, the owner had ample time, from the date of service of
the tenant's complaint until the issuance of the order here under
review, to investigate the tenant's complaints and make the
necessary repairs. The owner failed to do so.
Accordingly, the Commissioner finds that the Rent
Administrator properly determined that the owner had not
corrected conditions and, for this reason, a rent reductions is
warranted. The owner may file for rent restoration when services
have been restored.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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