BL 210108 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BL 210108 RO
Sander Hirth, DOCKET NO.: BC 210068 OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 4, 1987, the above-named owner's agent filed a
petition for administrative review of an order issued on November
2, 1987 by a Rent Administrator concerning the housing
accommodations known as Apt. 1F, 1111 East 15th Street, Brooklyn,
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 for review.
This proceeding was commenced by the filing of an application by
the tenant on December 12, 1985 for a reduction in rent based on
the owner's failure to maintain services in the subject
A rent agency inspection revealed several service diminutions.
On August 14, 1986 the District Rent Administrator issued an
order (under Docket No. ZK 003823-S) in which it was determined
that services decreases had occurred in the subject apartment and
reduced the rent to the level in effect prior to the most recent
guideline adjustment effective April 1, 1986.
On March 26, 1987 the owner filed an application for a
restoration of the rent for the subject apartment based on his
assertion that all services for which the rent had been reduced
On August 27, 1987 a rent agency inspection revealed that all six
of the apartment's windows were loose and, needed weather
stripping and that the window locks were defective. The
inspection further revealed that the apartment's walls were smoke
stained due to fumes coming from the building's heating unit.
On November 2, 1987, the Rent Administrator issued the order here
under review in which the owner's rent restoration application
In his petition the owner, by his agent, asserts that new windows
were installed building-wide in October 1987. The owner's agent
further asserts that he spoke with the subject tenant on November
BL 210108 RO
11, 1987 and that the tenant informed him that the walls in the
subject apartment were not smoke stained.
In her response the tenant asserts, in substance that fumes
continue to come into her apartment.
After careful consideration the Commissioner is of the opinion
that this petition for administrative review should be denied.
The Commissioner notes that although the owner's agent asserts
that new windows were installed just prior to the issuance of the
order herein appealed, the owner failed to advise the Rent
Administrator of this while the proceeding was pending below.
Further, although the owner's agent contends that the tenant
informed him that the subject apartment's walls were not smoke
stained, in answer the tenant asserts otherwise and the rent
agency inspection revealed smoke-stained walls. Accordingly, the
Commissioner finds that the Administrator's order was correct
The Commissioner notes that on June 17, 1991 the Rent
Administrator issued an order under Docket No. EL 210138 OR,
restoring the rent.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby