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.: BE410027RT
MINH PHAM RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On April 4, 1987 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 6, 1987. The order concerned housing
accommodations known as Apt 2F located at 259 West 15th Street, New
York, N.Y. The Administrator ordered the owner to restore certain
services in the subject apartment but declined to order a rent
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on February 7, 1986 by
filing a Statement of Complaint of Decrease in Services wherein the
tenant alleged, among other things, the existence of a defective
bedroom radiator. The complaint was assigned Docket No. AB410655S.
On July 1, 1986 the Administrator issued an order dismissing
the complaint on the grounds that the tenant vacated the subject
apartment. The tenant filed an administrative appeal of this order
and stated that the apartment had not been vacated. On December
19, 1986 the Commissioner granted the tenant's petition for
administrative review and remanded this proceeding to the
Administrator for further processing (Docket NO. ART12254L).
On January 27, 1987 the Administrator sent the parties a
Notice of Proceeding to Reconsider Order. This proceeding was now
assigned Docket No. BA410012RP. The Administrator then opened a
new proceeding based on the same complaint of the tenant and
assigned this proceeding Docket No. BL410024RP. The Administrator
terminated the proceeding in Docket No. BL410024RP upon discovery
that Docket No. BA410012RP had been opened.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 25, 1988 and
revealed, among other things, that the bedroom radiator was
The Administrator issued the order here under review directing
the owner to replace the sanitex/wall covering and or remove the
same and paint in the kitchen and bathroom in a workmanlike manner,
within 20 days from the issuing date of this order. The
Administrator did not order a rent reduction.
On appeal the tenant states that the order here under review
is defective in that it makes reference to conditions not
complained of. The tenant again requests that the owner repair the
radiator. The petition was served on the owner on April 30, 1987.
The owner did not file a response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the Administrator's order should be affirmed as
It is apparent, however, that the Administrator erred in
basing the order on a condition that was not complained of.
Therefore, the order here under review is modified to delete the
direction to make repairs in the kitchen and bathroom. The owner is
instead directed to repair the bedroom radiator, which the
inspector reported was leaking.
The Commissioner notes that the owner has had ample notice
that the bedroom radiator was the subject of this proceeding when
it was served with the complaint, the tenant's petition filed in
1986 (ART12254L), the Commissioner's order issued in December 1986
on the tenant's petition, the reopening order pursuant to remand
(BL410024RP), and the instant petition.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, affirmed as modified herein.
JOSEPH A. D'AGOSTA