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.: BH 220179-RO
:
DRO DOCKET NO.: AJ 220240-S
KWONG,YUI LANYIUZ,
PETITIONER : TENANT: ETHEL HIMMERSTEIN
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 6, 1987, the above-named owner filed a petition for
administrative review against an order issued on July 14, 1987 by the Rent
Administrator at Gertz Plaza, Jamaica, New York concerning the housing
accommodations known as Apartment D4 at 1829 East 14th Street, Brooklyn,
New York.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition.
The tenant commenced this proceeding by filing a complaint asserting that
the owner had failed to maintain certain services in the subject
apartment.
In its answer, the owner denied the allegations set forth in the tenant's
complaint or otherwise asserted that all required repairs had been or
would be completed.
Thereafter an inspection of the subject apartment was conducted by a
D.H.C.R inspector, who confirmed the existence of a defective condition;
that is, a defective kitchen faucet.
The Rent Administrator directed a restoration of these services and
further ordered a $2.00 reduction of the rent controlled rent.
In its petition for administrative review, the owner states, in substance,
that repairs have been performed and submits an invoice dated August 4,
1987 to substantiate that allegation.
After careful consideration, the Commissioner is of the opinion that the
petition should be denied.
The owner contends that repairs were effectuated but the substantiation
submitted indicates that any such repairs would have been effected after
the issuance of the Administrator's order. The Commissioner notes that
repairs effected after the issuance of a rent reduction order do not
constitute a reason to disturb the administrator's order. Therefore, the
Commissioner finds that the Administrator's order should be affirmed.
DOCKET NUMBER: BH 220179-RO
The Commissioner notes that no ruling is made herein as to the validity of
the invoice submitted as substantiation of the correction of the defect
upon which the order below was based. The Commissioner points out,
however, that the description of the item supposedly purchased under this
$43.62 invoice (# W003043 from Eastern Plumbing Sales Corp.) is not
readily identifiable as a kitchen faucet; and the invoice does not contain
any notation as to an address or apartment where the described item might
have been installed or the name of the purchaser.
The Commissioner notes that this order and opinion is issued without
prejudice to the owner's applying for restoration of the rent reduction if
the facts so warrant.
This order is issued without prejudice to the rights of any pary hereto in
pursuing whatever remedies are properly available to them through the
courts.
THEREFORE, in accordance with the City Rent Law and the Rent and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the District Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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