CB210038RT
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.: CB210038RT
HOWARD & SHERYL WEINER RENT ADMINISTRATOR'S
DOCKET NO.: BJ210143S
PETITIONERS
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART, AND MODIFYING RENT ADMINISTRATOR'S ORDER
On February 16, 1988 the above-named petitioner-tenants filed a
petition for administrative review against an order issued on
February 5, 1988 by a Rent Administrator concerning the housing
accommodation known as Apt. D-7, 303 Avenue P, Brooklyn, New York,
wherein the Administrator determined that the owner was not
maintaining certain services, directed restoration of such
services, and ordered a rent reduction.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The record indicates that the tenant filed a complaint on October
7, 1987 alleging that the owner was not maintaining certain
services. The tenant listed a leaking ceiling, defective electric
wiring, holes in the kitchen and living room walls and ceilings, a
gas leak from the stove, vermin infestation which the tenant treats
with her own exterminator, drafty windows, apartment needing
painting, and water temperature too hot, as conditions requiring
repair. The complaint was served on the owner but no answer was
received.
A physical inspection on December 15, 1987 revealed a leak-damaged
bathroom ceiling, cracked and peeling plaster on the kitchen and
living room ceilings, a stove that appeared to have a gas leak,
a window in the living room that does not close properly, and a
need for plaster repair and painting throughout the apartment. No
defects were found in the electric wiring or hot water temperature,
and no vermin infestation was detected.
A rent reduction was ordered for peeling paint and plaster
CB210038RT
throughout the apartment and for a defective living room window
sash.
In the petition for administrative review , the tenant asserts that
the order failed to list all the complaints including defective
wiring, holes throughout the apartment, gas leak from stove, vermin
for which tenants use their own exterminator and the apartment
needing paint.
The petition was served on the owner on March 9, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and the Administrator's
order should be modified.
A review of the entire record reveals that the inspector did find
that plaster repairs and painting were required throughout the
apartment and the Administrator's rent reduction Order did cite
this condition which encompasses the tenants' contention that there
are holes in the walls and ceilings and that the apartment requires
painting. The inspector did not find that the wiring was defective
and this condition was properly not included among the items the
owner was directed to repair. The inspector also did not find
evidence of vermin infestation.
However, the inspector did report that the stove appeared to have
a gas leak and this condition should have been included in the
order as a condition the owner failed to repair for which a rent
reduction is warranted.
The Division's records reveal that the owner has filed a rent
restoration application which is pending (docket No. HC210058OR).
A copy of this order is being sent to the that proceeding for
consideration in determining whether all required repairs have been
completed.
THEREFORE, in accordance with the Rent Stabilization Law & Code, it
is
ORDERED, that this petition be and the same hereby is granted in
part and the Rent Administrator's order be and the same hereby is
modified in accordance with this order and opinion.
CB210038RT
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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