BJ 130195 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BJ 130195-RO
RENT ADMINISTRATOR'S
ALFRED S. FRIEDMAN MGMT. CORP., DOCKET NO.:
ZQ 000346-OR
PREMISES:
143-20 37th Avenue
PETITIONER Apt. 2-F, Flushing, NY
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner, by its managing agent, filed a
timely petition for administrative review of an order issued
concerning the housing accommodation 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.
The tenant obtained a rent reduction under Docket No. ZQS
0013240-S issued August 13, 1985 due to the owner's failure to
make repairs to the kitchen faucet and the bathroom walls and
because the entire apartment was in need of painting.
By application dated December 18, 1985 the landlord asserted that
the services had been restored. The tenant answered the
application on March 28, 1986 alleging that rust still remained
around the kitchen faucet, that the recent paint job had been
done in an unworkmanlike manner, that a hole existed in her
bathroom ceiling, the bathroom walls were still unrepaired and
not all rooms were painted.
Thereafter, on February 18, 1987 an inspection of the subject
apartment was conducted by a DHCR inspector who found the kitchen
faucet leaking and rusted around the base, the bathroom ceiling
had a hole in it due to a leak from above, the bathroom walls
were peeling and in need of painting and plastering due to the
leak and some other rooms were also in need of painting.
On September 28, 1987 an order was issued under Docket No. ZQ
000346-OR denying the landlord's application for restoration
based on the February 18, 1987 inspection.
In its petition the owner alleges that the apartment was painted
on September 12, 1985 and it was unfair to inspect the job two
years later. It was also claimed that the faucet was replaced
BJ 130195 RO
two years prior to the inspection. A copy of a bill from Earl
Galbreath dated July 29, 1985 billing for painting done in the
subject apartment along with a statement from the tenant stating
the painting was done except for one room, were also submitted.
After a careful consideration, the Commissioner is of the opinion
that the petition should be denied. The Commissioner finds that
the Administrator properly based his determination on the entire
record; including the results of the on-site physical inspection
conducted on February 18, 1987. That inspection revealed that
the kitchen faucet was still leaking and was rusty at the base,
the bathroom walls were still in need of repair in that paint was
peeling due to leaks from the above and while painting had
clearly taken place since the rent reduction order, the work had
not been completed as not all rooms were painted and the bathroom
was in a deteriorated state due to leaks.
This Order and Opinion is issued without prejudice to the owner's
rights to file a rent restoration services application subsequent
to the time period covered by the rent restoration order at issue
in this proceeding.
THEREFORE, in accordance with the Rent and Evictions Regulations,
it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
