ADM. REVIEW DOCKET NO.: BK410289RO
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.:
BK410289RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BG410383S
ALAN R. BUSH/AMIET CORP., PREMISES:
421 West 162nd St.
Apt. 2-I
New York, NY
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely filed a petition for
administrative review of an order issued on October 5, 1987
concerning the housing accommodations relating to the above-
described docket number known as Apt. 2-I, 421 West 162nd Street,
New York, New York, wherein the Administrator established the
tenant's rent at $1.00 per month as of July 7, 1987.
The issue in this appeal is whether the Administrator's order
was warranted.
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 this administrative appeal.
ADM. REVIEW DOCKET NO.: BK410289RO
This proceeding was commenced on July 30, 1987 when the rent
stabilized tenant filed a complaint alleging numerous, serious
defective conditions in his apartment due to a recent fire in the
building. The tenant sought a rent reduction.
On August 11, 1987, the Division sent the owner a copy of the
tenant's complaint.
In an answer dated on August 31, 1987, the owner stated that
a July 9, 1987 fire had occurred on the top floor at Apt. 5J; that
repairs are being performed, including the subject Apt. 2I; that
the tenant is using three rooms of the apartment, where damage is
slight or non-existent; and that the parties had agreed to pro-rate
the rent until repairs are finished.
An inspection of the subject apartment was conducted on August
31, 1987 by a staff member, who reported that a fire caused a
water-stained and peeling apartment hall ceiling; a cracked and
bulging living room ceiling; a missing light fixture in the living
room; missing walls; cracked and bulging front bedroom ceiling,
misaligned three inches by three inches; bathroom ceiling with hole
thirty-six inches by twelve inches; and water-stained, peeling
interior in the master bedroom closet. The inspector also noted
that gas, electricity and hot and cold water were being provided;
and that the tenant remained in occupancy.
The Administrator's order established the rent at $1.00 per
month pursuant to Section 2522.6 of the Rent Stabilization Code,
and stated that based on the owner's failure to comply with the
requirements of Section 2522.4(d) the legal regulated rent of $1.00
was effective as of the date of the fire.
It is noted that the Administrator's order erroneously
reversed the mailing address of the owner with that of the tenant;
and that the subject Apt. 2I was in error listed as Apt. 2F.
In the petition for administrative review, the owner submits
a signed statement from the tenant, that the tenant was able to use
3 of the 5 rooms in the apartment and had agreed to prorate the
rent; that the order incorrectly lists the apartment as 2F instead
of 2I and incorrectly reduces rent to $1.00 as if the tenant had
been forced to vacate.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted.
The sections of the Rent Stabilization Code cited in the
Administrator's order [2522.6 and 2522.4(d)] are applicable to the
ADM. REVIEW DOCKET NO.: BK410289RO
situation where a tenant is forced to vacate an apartment because
it is legally uninhabitable. The rent is established at $1.00 in
order to maintain the landlord/tenant relationship between the
parties until the tenant can resume possession. In the instant
case, it is undisputed that the tenant continued to remain in
occupancy despite the defective conditions as described in the
foregoing August 31, 1987 inspection report. In such
circumstances, establishing the rent at $1.00 per month is not
warranted.
The applicable code sections are 2523.4 and 2520.6(r).
Section 2523.4 requires DHCR to order a rent reduction, upon
application by a tenant, to the level in effect prior to the most
recent guidelines adjustment, where it is found that the owner has
failed to maintain required services. Required services are
defined by Section 2520.6(r) as that space and those services
provided or required to be provided on the applicable base date.
Based on the undisputed facts of this case that three of the five
rooms of the subject apartment were habitable, the rent should be
reduced effective September 1, 1987 the month after the owner was
served the tenant's complaint.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, modified to order a guideline reduction in the legal
regulated rent effective September 1, 1987, the month after the
owner was served the tenant's complaint.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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