ADM. REVIEW DOCKET NO.: BK210075RO
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.:
BK210075RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BC210582S
PREMISES:
853 Empire Boulevard
Apt. # E-7
Brooklyn, NY 11213
853 EMPIRE BLVD. ASSOCIATES/
ALEX WAGMAN,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on October 15, 1987,
concerning the housing accommodations relating to the above-
described docket number.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
The tenant commenced this proceeding on March 4, 1987 by
filing a complaint asserting in substance that the owner had failed
to paint her apartment.
On April 15, 1987, the Division sent the owner a copy of the
complaint and the owner filed an answer advising that the apartment
had been scheduled for painting on May 12, 1987.
ADM. REVIEW DOCKET NO.: BK210075RO
An inspection of the subject apartment was conducted on
September 4, 1987 by a Division staff member who reported that the
apartment appears recently painted but the bathroom ceiling has
blisters and peeling paint.
The Administrator issued this order under review, reducing the
maximum legal rent by $3.00 per month, effective on the first rent
payment day following October 15, 1987 (the order's issuance date).
In this petition, the owner contends that the bathroom ceiling
has been corrected. The owner submits a tenant-signed statement
dated November 3, 1987 expressing satisfaction with the painting of
her apartment and bathroom ceiling.
The Commissioner is of the opinion that the petition should be
denied. However, the Commissioner is also of the opinion that
services had been restored effective December 1, 1987, as explained
below.
The Administrator's order is sustained to the extent that it
was based on a September 4, 1987 inspection which found that the
bathroom ceiling has blisters and peeling paint, warranting rent
reduction.
However, the owner's petition has proven that painting of the
subject apartment and the bathroom ceiling had been completed. By
a statement dated November 3, 1987, the tenant expressed her
satisfaction with the painting. Accordingly, the maximum legal
rent is restored effective December 1, 1987, the first rent payment
day following completion of the painting.
THEREFORE, in accordance with the Rent and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed. However, the maximum legal rent is restored effective
December 1, 1987 based on the owner's statement when the painting
was done and the tenant's admission when repairs were completed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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