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.: CA410309RO
Trilby Holding Corp., RENT ADMINISTRATOR'S
DOCKET NO.: BF410107S
SUBJECT PREMISES:
152 West 49th. St.
Apt. 2A
New York, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on October 19, 1987 concerning the housing
accommodations relating to the above-described docket number.
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 on June 26, 1987 by filing a
complaint asserting that due to the explosion of the oven in the
restaurant, his apartment is a "disaster". He requested a rent
reduction to $1.00 a month.
In answer, the owner asserted that the damage was caused by the fire
department which chopped the windows, the walls and the floors to
check for smouldering beams; that due to the tenant's refusal to
allow repairs, it had to go to court to compel the tenant to allow
all necessary repairs; that a hearing is scheduled on August 3, 1987
concerning this matter; that the tenant refuses access so that the
Red Cross would continue to provide him with a free hotel room and
he could keep the apartment as a storage bin.
On September 4, 1987, an on-site inspection was conducted by a DHCR
staff member who reported that the apartment is uninhabitable; the
walls, floors and ceilings have been damaged; the windows are broken
and boarded-up; there is no gas; there is no electric except in some
rooms; and the tenant is unable to use the apartment and is being
housed at a hotel.
By an order dated October 19, 1987, the Administrator established
that the rent be $1.00 per month on the date of the fire which
caused the tenant to vacate involuntarily.
CA410309RO
In its petition for administrative review, the owner states that the
Administrator made no inspection of the subject apartment; the
apartment is habitable with little damage from the fire; the firemen
caused the damages in ventilating the premises; other apartments in
the second floor were affected in the same way and were quickly
repaired; no other tenant moved out except this tenant who refused
repairs and seized the opportunity to get free hotel accomodations
from the Red Cross; and that the courts have directed the tenant to
make the apartment available for repairs. The Commissioner notes
that there is no attachment to the petition of copies of these
alleged court orders.
A copy of the petition was mailed to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Commissioner notes that the owner failed to attach in its answer
below or in this petition any proof of alleged court orders
compelling the tenant to make the apartment available to repairs.
The Administrator's determination was based on a September 4, 1987
on-site inspection conducted by a DHCR staff member who reported
that the apartment is uninhabitable; the walls, floors and ceilings
have been damaged; the windows are broken and boarded-up; there is
no gas; there is no electric except in some rooms; and the tenant is
unable to use the apartment and is being housed at a hotel.
Accordingly, the determination was in all respects proper and is
hereby sustained.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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