CH220067RT
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.: CH220067RT
SAMUEL SAVEDOFF RENT
ADMINISTRATOR'S DOCKET
NO.: CA210139OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On August 10, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued August 1, 1988. The order concerned housing
accommodations known as Apt. 3H located at 2475 East 11th Street,
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 January 14, 1988 by
filing a rent restoration application wherein it alleged that the
tenant was refusing to allow access so that the owner could restore
services for which a rent reduction order bearing Docket No.
AL210627S had been issued. The Commissioner notes that the rent
had been ordered reduced based on a finding of a defective air
conditioner.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
March 11, 1988 and stated that he had not denied access and that
the owner had not provided a functioning air conditioner.
The Administrator ordered a physical inspection of the subject
apartment. The owner and tenant were directed to be present at the
apartment on June 2, 1988. The inspection was conducted on that
date and revealed that an air conditioner had been installed. The
inspector also reported that it could not be ascertained whether
the unit was functioning properly because the temperature outside
on that day was 59 degrees.
CH220067RT
The Administrator issued the order here under review on August
1, 1988 and ordered rent restoration.
On appeal the tenant states, in relevant part, that the owner
has not provided a functioning air conditioner as it was required
to do. The petition was served on the owner. The owner filed a
response on October 19, 1988 and stated that it had installed a
functioning secondhand air conditioner in the apartment.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the proceeding should be remanded to the Administrator for
further processing.
The Commissioner is of the opinion that the order restoring
rent should not have been granted without a report from the DHCR
inspector to the effect that the unit installed by the owner was
functioning properly. It was incumbent on the inspector to return
to the apartment to determine if the unit was functioning
adequately. The Administrator erred in granting the application
based solely on the inspector's report contained in the record.
The tenant's petition is granted. The proceeding is remanded to
the Administrator for determination of whether the air conditioning
unit installed in the apartment is functioning properly.
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 to the Administrator for further processing. The order
here under review remains in full force and effect until a new
order is issued on remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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