CA220188RT
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
-------------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CA220188RT
(Refile of BK220215RT)
RAYMOND GILL
RENT ADMINISTRATOR'S
DOCKET NO.: BC230073S
PETITIONER
-------------------------------------x
ORDER AND OPINION GRANTING, IN PART, PETITION FOR ADMINISTRATIVE
REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on October 14, 1987 concerning the
housing accommodations known as 2 Grace Court, Apartment #6O,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
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 the proceedings by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, an inspection of the subject apartment was conducted by
a DHCR inspector who found that the eight (8) apartment windows did
not have screens, and that the living room ceiling had been
plastered but required painting.
The Rent Administrator directed restoration of these services and
further, ordered a reduction of the controlled rent.
In the petition for administrative review, the tenant stated, in
substance, that nine (9) rather than eight (8) window screens were
missing, and that the paint condition was the result of underlying
persistent leaks due to faulty exterior brickwork, which allegedly
the owner had failed to correct.
CA220188RT
In an answer, the owner acknowledges that nine (9) window screens
had been ordered for installation in the tenant's apartment. The
owner also states that the leak condition had been corrected and
that the paint damage would be corrected, when the tenant permitted
access to the subject apartment.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted, in part.
Pursuant to Section 2202.16 of the Rent & Eviction Regulation the
Rent Administrator may impose a rent reduction when there has been
a decrease in essential services, furnishings or equipment, among
other things.
Based on the record, including the owner's acknowledgement, the
Rent Administrator's order is amended to increase the total monthly
rent reduction from $11.00 per month to $12.00 per month, effective
November 1, 1987. The increase reflects that there were nine (9),
rather than eight (8), window screens missing, each warranting a
$1.00 monthly rent abatement. The tenant's petition does not
provide any basis for modifying the $3.00 per month rent reduction
based on the living room ceiling that was not painted.
Any excess rent paid by the tenant as a result of this order shall
be credited to the tenant in full, commencing with the rental
payment immediately following the issuance of this order.
THEREFORE, in accordance with the Rent & Eviction Regulations for
the City of New York, it is
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 amended in accordance with the above.
ISSUED:
JOSEPH A. D'AGOSTA
DEPUTY COMMISSIONER
|
