ADM. REVIEW DOCKET NO.: BJ 110280 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.:
BJ 110280 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.: BA 110399-S
SUN MANAGEMENT COMPANY
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-owner filed a Petition for
Administrative Review against an order issued on August 25, 1987 by
the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodations known as 41-41 41st Street,
Queens, New York, Apartment 4D, wherein the Administrator
determined the individual tenant's complaint of decreased services
commenced on January 26, 1987.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on July 27, 1987 that found
peeling paint on the bedroom ceiling. The inspector also noted the
tenant's statement that damaged walls and ceilings had, otherwise,
been repaired. Other conditions cited by the tenant were either
not substantiated or had been addressed in a timely manner.
On appeal, the owner points out that the tenant had been
instructed to contact the painter to arrange for the apartment to
be painted but had declined to do so. In support, the owner
submits the tenant's notice dated September 3, 1987, that the
tenant did not wish to have the ceiling painted at the time.
The record below confirmed a reduction of services. The record
also confirmed that the owner had commenced repairs, but that they
had not been completed by the time of inspection or the order
because the tenant had delayed the completion of repairs, as
ADM. REVIEW DOCKET NO.: BJ 110280 RO
confirmed by the tenant's September 3, 1987 signed statement just
after the order was issued. Since the tenant prevented the owner
from completing repairs in a timely manner, rent reductions were
not warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be granted and that the
Administrator's order be revoked. Any arrears owed the owner by
the tenant as a result of the order may be paid over the course of
the next six (6) months.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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