CD210155RT
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.: CD210155RT
DARRELL GRIFFIN RENT
ADMINISTRATOR'S DOCKET
NO.: BH210114OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING
On April 25, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 20, 1988. The order concerned housing
accommodations known as Apt 1 located at 132 Lafayette Ave.,
Brooklyn, N.Y. The Administrator granted the owner's rent
restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on August 28, 1987 by
filing a rent restoration application wherein he alleged that he
had restored services for which a rent reduction order bearing
Docket No. AI210364S had been issued. The Commissioner notes that
the rent had been reduced based on findings of missing kitchen
cabinets, bedroom floor tiles replaced with ones that do not match
and bathroom toilet which runs continuously due to defective
flushometer.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant did not file a
response.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 1, 1988 and
revealed that the toilet and cabinets had been repaired and that
matching floor tiles had been installed in the living room. The
Administrator issued the order here under review on April 20, 1988
and granted the application.
CD210155RT
On appeal the tenant states that the order here under review
was incorrectly issued in that the rent reduction order ordered
restoration of the bedroom floor tiles while the order here under
review grants rent restoration based on repairs to the living room
tiles. The petition was served on the owner on June 3, 1988.
The owner filed a response on June 13, 1988 and stated, in
sum, that the tenant was correct in arguing that it was the bedroom
that required the new tiles, that the work would be done and that
rent restoration should be ordered on an effective date after the
installation takes place.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and that this proceeding should be remanded for further processing.
The Division's records reveal that the Administrator issued an
amended rent reduction order after the owner filed the restoration
application wherein it was acknowledged that the bedroom, and not
the living room, required the installation of matching tiles. The
owner's response to the petition substantiates this. Accordingly,
the petition must be granted. The proceeding is remanded for
determination of whether or not the bedroom floor has been properly
repaired.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that this proceeding be, and the same hereby is,
remanded for further processing consistent with this order and
opinion. The order restoring rent remains in fully force and
effect until a new order is issued on remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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