STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BK120249RO
DOCKET NO.: AJ120022OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 30, 1987, the above named petitioner-owner filed a
Petition for Administrative review of an order issued on October 5,
1987 granting in part the owner's rent restoration application by
restoring the the rent to the level in effect prior to the date of
the fire minus $18.50 for the the landlord's failure to complete
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issue raised
The record reveals that on October 10, 1986, the owner filed an
application to restore the rent for the subject apartment for which
the rent had been established at $1.00 by an order issued on
November 29, 1983 (Docket No. 2T586230). The owner stated in the
application that all necessary repairs to the apartment ahd been
completed by June 27, 1984 and that the rent restoration should be
retroactive to that date.
The tenant answered the application and described various
conditions that still required repair or were not repaired
properly. The tenant enclosed copies of court orders dated in
April and June 1984 directing the owner to repair fire damaged
walls, ceilings and windows and the tenant claimed that the owner
had not complied with these orders.
A physical inspection of the subject apartment by the Division on
March 24, 1987 revealed missing iron frame molding around the
kitchen door; damaged ceilings in the bedroom, bathroom and living
room; a loose toilet bowl; and defective windows in the living room
In these conditions, the Administrator restored the rent to the
pre-fire level minus $18.50 for the aforementioned defective
conditions, effective November 1, 1986.
In the Petition for Administrative Review, the owner contends that
the Administrator's order is incomprehensible, that the rent should
be restored as of June 27, 1984 when all repairs were completed,
and that the owner is entitled to a rent increase for 1\40th of the
cost of improvements.
In answer to the Petition, the tenant claims that the repairs cited
in the Administrator's order have still not been done.
After careful consideration of the evidence of record the
Commissioner is of the opinion that the Petition should be denied.
The evidence of record, including the physical inspection,
confirmed that although the tenant was in occupancy, the repairs to
the fire-damaged apartment were either incomplete or done in an
unworkmanlike manner. In restoring the apartment to a habitable
condition the owner is entitled to restoration of the rent to the
pre-fire level, effective November 1, 1986, the first rent payment
following service of the rent restoration application on the
tenant. While the owner seeks an earlier effective date of
restoration, the Commissioner finds no basis for this. The owner
did not file the application until October 1986 which is the
earliest notification to the Division of the restored habitability
of the apartment. Inasmuch as the tenant did not vacate the
apartment, but was forced to occupy a housing accommodation without
windows, or gas and electric service, the precise date the
apartment became habitable cannot be determined.
The $18.50 rent reduction for the incomplete or unworkmanlike
repairs is affirmed, effective November 1, 1987 or the first rent
payment following issuance or the Administrator's order appealed
herein. To clarify, the rent is restored to the pre-fire amount as
of November 1, 1986 and is reduced by $18.50 per month as of
November 1, 1987 until July 12, 1990 when a subsequent restoration
order was granted.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this Petition be and the same hereby is denied and
the Administrator's order be and the same hereby is affirmed.
JOSEPH A. D'AGOSTA