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.: CB410102RT
HARAGEWYN ABEBE/ TZION HARVEY, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: BD410678S
PETITIONER PREMISES: 98 Morningside Ave.
Apt. 34
New York, NY
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on January 6, 1988 concerning the housing
accommodations relating to the above-described docket number.
The issue in this appeal is whether the Administrator's order was
correct.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
This proceeding was commenced on April 2, 1987 by the tenant filing
a complaint which asserts that the owner failed to maintain various
services in the subject apartment including, but not limited to,
"water-soaked walls and ceilings." The tenant applied for a rent
reduction.
On June 29. 1987, DHCR transmitted a copy of the tenant's complaint
to the owner.
Thereafter, an on-site inspection of the subject apartment was
conducted on November 10, 1987 by a DHCR staff member who found that
the defective frame of the apartment door, the defective apartment
intercom and the defective light fixture in the pantry had been
CB410102RT
repaired. The remaining condition is the peeling paint on the tin
ceiling of the bedroom.
Another inspection was conducted on December 18, 1987 by a DHCR
staff member who found the apartment door frame and the apartment
intercom repaired. However, the inspector reported that the light
fixture in the pantry had no switch to turn it off and on; that the
living room ceiling and walls have crack lines, peeling paint and
plaster and water stains; that the hallway walls and ceilings are
peeling paint and plaster; and that the ceilings and walls of
bedrooms 1, 2 and 3 have cracked lines and peeling paint and
plaster.
On January 6, 1988, the Administrator determined that the tenant did
request a rent reduction but based on the evidence, a rent reduction
is not warranted. The Administrator directed the owner to restore
the services to the required level by correcting the peeling paint
in the bedroom ceilings.
In this petition, the tenant contends that a leak in the apartment
above is causing the ceilings and walls to collapse; and that the
Administrator's order should include these conditions.
On March 24, 1988, a copy of the tenant's petition was mailed to the
owner.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted.
The record clearly shows that the tenant originally complained of
water-soaked walls and ceilings. As set forth above in the December
18, 1987 inspection report, the existence of these defective
conditions was verified.
The tenant raised no other issue on appeal. Accordingly, the
Commissioner grants the petition and modifies the Administrator's
order, directing not only repairs of the bedroom ceilings but
following the inspection report- the ceilings and walls of the
living room, the hallways and bedrooms 1, 2 and 3.
CB410102RT
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted, and
that the Administrator's order be, and the same hereby is, modified
in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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