CA 220223-RO
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 NOS.:
CA-220223-RO; CA 220356-RO
ARETHA MANAGEMENT, RENT ADMINISTRATOR'S
DOCKET NO.:
BF-220258-S
PETITIONER TENANT: Jean Miller
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On January 27, 1988, the above-named tenant filed a petition for
Administrative Review of an order issued on January 8, 1988, by
a District Rent Administrator concerning the housing accommoda-
tion known as 150 Brighton 15th Street, Apartment 6-M, Brooklyn,
New York, wherein the Rent Administrator ordered a rent reduction
based on a diminution of services.
The record reveals that the owner's petition was erroneously as-
signed two docket numbers which are consolidated for disposition
herin.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
The tenant commenced this proceeding on June 9, 1987 by filing a
complaint of decreased services. In the complaint the tenant
stated that, due to the owner's failure to correct a persistent
roof leak (over one year), water had damaged her television set
and draperies.
On January 8, 1988, the District Rent Administrator issued the
order here under review finding that, based on a physical
inspection of the subject apartment which occurred on November
19, 1987, the owner failed to correct certain conditions which
were stated in the tenant's complaint. Specifically, the inspec-
tion disclosed water damage to the ceiling and walls in the
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bedroom and bathroom in the apartment resulting from an active
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roof leak. Based on a diminution of services the Administrator
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ordered a reduction in the Maximum Legal Rent totaling $6.00 per
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month.
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In the petition the owner requests reversal of the Rent Adminis-
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trator's Order and contends in substance that, among other
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things, the tenant agreed to withdraw her complaint, under Docket
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No. BF-220258-S, as a part of a settlement agreement made on
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September 9, 1987 in a Civil Court proceeding.
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The tenant did not answer the petition although afforded the
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opportunity to do so.
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The Commissioner is of the opinion that this petition should be
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granted.
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Pursuant to paragraph 3 of the settlement of the Small Claims
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action signed by the parties on September 9, 1987, the tenant
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agreed "to withdraw her pending Division of Housing and Com-
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munity Renewal proceeding, under docket number BF 220258-S."
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Since the tenant withdrew her complaint before the Administra-
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tor's order was issued, the order should be revoked.
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The landlord, however, is cautioned that the inspection on
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November 19, 1987 revealed that the repairs had not been done and
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the owner has a continuing obligation to provide all essential
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services including necessary repairs and maintenance. The court
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settlement does not relieve the owner of the obligation to make
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repairs and does not impair the tenant's right to file another
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complaint based on the same conditions.
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The tenant may refund any rent arrears due as a result of this
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order in twelve monthly installments.
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THEREFORE, in accordance with the New York City Rent Control Law
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and Regulations, it is,
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ORDERED, that this petition be, and the same hereby is, granted
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and that the District Rent Administrator's order be, and the same
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hereby is revoked.
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ISSUED:
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JOSEPH A. D'AGOSTA
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Acting Deputy Commissioner
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