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.: CD110218RO
KRAUS ENTERPRISE RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 8, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 7, 1988. The order concerned housing
accommodations known as Apt B6F located at 117-01 Park Lane South,
Kew Gardens, N.Y. The Administrator denied the owner's rent
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on September 23, 1987 by
filing a rent restoration application wherein it stated that the
tenant had not permitted access to the owner's workmen and that it
was not required to repair the wallpaper. The owner was seeking
restoration of rent that had been reduced in Docket No. AL120363S
for defective wallpaper in the kitchen and bathroom tiles around
the tub and shower requiring repair because of water seepage.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
November 23, 1987 and stated, in sum, that the owner had not made
the required repairs. The tenant also attached correspondence to
the response wherein she informed the owner that the had been
present on days that repairs were scheduled, but that the workers
had not come.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on January 25, 1988 and
revealed the following:
1. Kitchen wallpaper not replaced,
2. Tiles around bathtub replaced in unworkmanlike
manner--tiles around shower cracked.
The Administrator issued the order here under review on March
7, 1988 and denied the application based on the report of the
On appeal the owner states that the installation and removal
of wallpaper is not a required base date service, that it is
willing to remove the wallpaper in the affected area and paint in
a color compatible with the existing wallpaper or, if the tenant is
willing to remove the wallpaper, paint the entire kitchen. The
owner did not address the issue of the defective tiles in the
bathroom. The petition was served on the tenant on June 21, 1988.
The tenant filed a response on July 5, 1988 and stated that
wallpaper was a required service and that she had no objection to
the owner removing the wallpaper and painting the kitchen.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner will not consider the issue of whether
wallpaper in the kitchen is a base date service required to be
maintained. This argument is an attack on the underlying rent
reduction order which the owner did not appeal. In the absence of
an appeal, the directive in Docket No. AL120363S to repair the
defective wallpaper and bathroom tiles is a final determination.
The record reveals that the owner opened up the kitchen wall
in the attempt to repair pipes and that the wallpaper in the
kitchen was damaged in the process. In order to obtain rent
restoration the owner must demonstrate that it has repaired the
walls damaged by the plumbing repair. Since the owner made no such
showing the Administrator correctly denied the application for rent
The Commissioner notes that the owner's reapplication for rent
restoration was granted in part on October 7, 1988 in Docket No.
CC120017OR based on a finding that the bathroom tiles had been
repaired. The owner may reapply for restoration of the remaining
$5.00 if the facts so warrant.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA