Adm. Rev. Docket No.: BE810289RO
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.: BE810289RO
J.R.D. MANAGEMENT CORP.,
DRO DOCKET NO.: MVTC 84-154RV
PETITIONER TENANT: JAMES McCAFFREY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 29, 1987, the above-named owner filed a Petition for
Administrative Review of an order issued on May 6, 1987, by
the District Rent Administrator at 99 Church Street, White Plains,
New York, concerning the housing accommodation known as Apart-
ment 5C at 19 William Street, Mount Vernon, New York,
wherein the Administrator directed the restoration of services,
further finding that a rent reduction based thereon was war-
ranted.
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 administrative review.
On July 14, 1984 the tenant filed a complaint of a reduction in
services further seeking a rent reduction based thereon. The tenant
alleged water damage to the ceilings in both bedrooms and the
kitchen; and an inoperative doorbell at the apartment entrance.
The owner was served with the complaint on July 27, 1984. The owner
answered alleging that pointing work on the building to cure the
water leaks was in progress and arrangements were being made to
repair the doorbell.
Subsequently, the tenant responded to a Division inquiry concerning
the status of the dispute. The tenant alleged that the doorbell had
not been repaired and that although there had been pointing work
done, the leaks persisted and the damaged ceilings had never been
repaired.
Adm. Rev. Docket No.: BE810289RO
The tenants allegations were subsequently corroborated by a DHCR
staff member's inspection report.
Thereupon, the Administrator issued the appealed order, wherein the
rent was rolled back to the last guideline increase that went into
effect prior to August 1,1984 based on the need for repairs to the
doorbell and the ceilings in the two bedrooms and the kitchen.
In the Petition the owner asserts, in substance, that the prior
complained of conditions had been repaired and the currently
complained of conditions are new occurrences.
The Commissioner is of the opinion that the Petition should be
denied.
The Commissioner finds that whether or not the owner took certain
measures to correct the complained of conditions, the tenant's
statements and the DHCR staff inspector's report show that whatever
the owner did did not correct the subject conditions. Therefore,
the Commissioner finds that the Administrator properly rolled back
the rent effective as of the first rent payment date following the
service of the complaint on the owner.
THEREFORE, in accordance with all of the applicable statutes and
regulations, it is,
ORDERED, that this Petition for Administrative Review be, and the
same hereby is, denied, and, that the order of the Rent Adminis-
trator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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