ADM. REVIEW DOCKET NO.: BK 220013 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.:
BK 220013 RO
:
DRO ORDER NO.:
AL 220038-OR
WILLIAM E. HAILEY
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
On November 12, 1987, the above named petitioner-owner filed
a Petition for Administrative Review (PAR) against an order issued
on October 30, 1987, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
1280 Pacific Street, Brooklyn, New York, Apartment 2A, wherein the
Administrator denied the owner's application to restore rent
previously reduced under Docket No. 2T 693700 in the amount of
$4.50.
The tenant's controlled rent had been reduced on February 2,
1984 under Docket No. 2T 693700 based on findings of decreased
exterior maintenance service, a defective bell/buzzer system,
defective hallway radiator equipment and that roof repairs were
necessary.
The owner's rent restoration application below (AL 220038
OR) indicated that repairs had been completed. The tenant
responded that repairs had not been made. The report of an
inspection conducted on September 18, 1987 revealed roach and
rodent infestation, a defective bell/buzzer system, missing hallway
radiators, and damage to the tenant's apartment caused by roof
repairs.
ADM. REVIEW DOCKET NO.: BK 220013 RO
On appeal, the owner contends that the application herein
under review, filed on November 24, 1986, pertained to restoration
of rent reduced in Docket No. KC 003819 S. The owner also asserts
that the rent reduced under Docket No. 2T 693700 was restored on
April 29, 1987 under Docket No. KC 00096 OR.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted in part, as more fully
set forth below.
Division records confirm that partial rent restorations were
granted on April 29, 1987 (KC 00096 OR/2T 693700/4ACR 24-29) and on
August 28, 1987 (AB 220105 OR/K 00096 OR/4ACR 24-29) upon
completion of repairs. It is noted, however, that in the rent
restoration application in the proceedings herein under appeal (AL
220038 OR), the owner [inadvertently] requested rent restoration
for the rent reduction ordered under Docket No. 2T 69[3]700.
Nevertheless, in light of the complete record, the Administrator's
determination under Docket No. AL 220038 OR is revoked and the
proceedings thereunder are terminated as moot, notwithstanding the
fact that an inspection revealed conditions requiring correction.
The owner is, however, directed to restore the enumerated services
if he has not already done so. Otherwise, the owner may be subject
to further sanctions.
As to the $13.00 rent reduction ordered on November 19, 1986
under Docket No. KC 003819 S, for a defective intercom system
($4.00), a broken mailbox ($4.00), and for a defective apartment
door lock ($5.00), the Commissioner notes that on August 24, 1987,
the Administrator denied the owner's rent restoration application
under Docket No. AL 220037 OR based on an inspection of the
premises conducted on July 13, 1987 which disclosed that these
conditions had not been corrected. There is no record that the
owner sought administrative review of that order.
THEREFORE, in accordance with the provisions of the City Rent
Control Law and the Rent and Eviction Regulations, it is it is
ADM. REVIEW DOCKET NO.: BK 220013 RO
ORDERED, that the owner's petition be granted in part, that
the Administrator's order (AL 220038 OR) denying rent restoration
be revoked, and that the rent restoration proceedings (AL 220038
OR) be terminated as moot.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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