STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued on February 11, 1988, concerning
the housing accommodations known as 125 Hawthorne Street, Apartment
4-E, Brooklyn, New York, wherein the Rent Administrator restored
the rent previously reduced by the Rent Commissioner on February
19, 1975 per Docket No. 2TP32414. A copy of the petition was
served on the tenant.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The owner commenced this proceeding by filing a rent restoration
application on January 22, 1986 stating that the defective condi-
tions that gave rise to the rent reduction had been corrected and
that the restoration of the damaged areas was completed to the
The owner submitted evidence of repairs over a period of time,
which included brickwork, pointing, plastering and painting, and
also statements signed by the tenant acknowledging the repairs.
The tenant responded that he had painted the apartment himself on
two occasions at his own expense because the owner refused to paint
the apartment any color other than white. The tenant also
indicates that paint and plaster defects have recurred.
On February 11, 1988, the Rent Administrator issued an order
restoring the rent effective March 1, 1988 based on findings that
the conditions that gave rise to the rent reduction order had been
corrected. The order also directed the owner to reimburse the
tenant $142.57 for the cost incurred by the tenant to paint the
In the petition for administrative review, the owner contends that
the tenant is not entitled to reimbursement as the owner was
willing and ready to paint the apartment in white, which the tenant
refused. The owner also requests that the rent restoration be made
retroactive to the date the evidence establishes the services were
After careful consideration, the Commissioner is of the opinion
that the petition should be granted, in part.
Section 2202.16 of the Rent and Eviction Regulations for New York
City, provides that the Rent Administrator may order a rent
reduction where it is found that an owner has failed to maintain
essential services, which may include, but are not limited to,
repairs, painting, decorating and maintenance.
Pursuant to City Rent and Eviction Regulations, the painting serv-
ices an owner is obligated to provide is based on prior practice.
Past practice of the owner also dictates the color scheme. The
owner offered to paint the apartment white, although the tenant
asserted the apartment was painted another (unspecified) color. As
the record was absent proof of the painting practice, there was no
basis in the record for the Rent Administrator to direct the owner
to reimburse the costs the tenant incurred to paint the apartment.
The Administrator's directive to the owner to reimburse the tenant
was not warranted and should be revoked.
As to the owner's request that the rent restoration date be amended
to reflect the date the services were restored, the Commissioner
notes that Section 2202.2 of the City Rent and Eviction Regula-
tions, in pertinent part, provides that " No order increasing or
decreasing a maximum rent previously established pursuant to these
regulations shall be effective prior to the date on which the order
is issued . . . ." Therefore, the Rent Administrator properly re-
stored the control rent effective the first day of the month
following issuance of the order.
THEREFORE, in accordance with the Rent & Eviction Regulations for
New York City, it is,
ORDERED, that this petition be, and the same hereby is, granted, in
part, to the extent of revoking that part of the Administrator's
order that directed the owner to reimburse the tenant. In all
other respects the Rent Administrator's order is affirmed.
JOSEPH A. D'AGOSTA