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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.: CE610228RO
215 GUNHILL ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: BH610175OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 20, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 9, 1988. The order concerned housing
accommodations known as Apt 6H located at 215 East Gunhill Road,
Bronx, N.Y. The Administrator denied 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 20, 1987 by
filing a rent restoration application wherein it stated that it had
restored services for which a rent reduction order bearing Docket
No. AL610469S had been issued. The Commissioner notes that the
rent had been reduced for a defective apartment ceiling, loose
living room window and water damaged bedroom walls and ceiling.
Attached to the application is a signed statement dated August 18,
1987 wherein the tenant stated that the owner had made the required
repairs.
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 27, 1988 and
revealed the following:
1. Defective and leaking hallway closet and ceiling,
2. Living room left sash loose,
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3. Large bedroom ceiling is water-damaged. Small
bedroom walls and ceiling are cracked.
The Administrator issued the order here under review on May 9,
1988 and denied the application based on the inspector's report.
On appeal the owner states that the application should have
been granted based the tenant's signed statement described above.
The owner also states that new windows were being installed
building-wide within a few weeks. The petition was served on the
tenant on July 15, 1988.
The tenant filed a response on July 18, 1988 and stated that
the conditions regarding the hallway ceiling and bedroom walls and
ceiling had been satisfactorily repaired in April, 1988 but that
the conditions had reoccurred. The tenant also stated that new
windows were installed in May, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the Administrator's order should be revoked.
It is apparent from a reading of the tenant's response to the
petition that the owner complied with the directive to restore
services contained in the rent restoration order. Any reoccurrence
of the conditions after restoration of services amounts to a new
condition. Since the tenant stated that services had been
restored, the owner did not have notice of these conditions.
The owner is entitled to rent restoration since it complied
with the directive to restore services. The order here under
review is therefore revoked. The rent is ordered restored
effective June 1, 1988, the first rent payment date following
notice by the tenant that services had been restored. The tenant
may file a new rent reduction complaint if the facts so warrant.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
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ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that the rent be, and the same hereby is
restored effective June 1, 1988. If the tenant owes arrears based
on the Commissioner's order and opinion, the arrears may be paid
off in thirty-six (36) equal monthly installments or immediately if
the tenant vacates.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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