CI610163RO
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.: CI610163RO
RENT
ALLERTON ASSOCIATES ADMINISTRATOR'S DOCKET
NO.: BJ610365S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On September 19, 1988 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 12, 1988. The order concerned housing
accommodations known as Apt. W-3 located at 2857 Barker Avenue,
Bronx, N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on October 26, 1987 by
filing a Statement of Complaint of Decrease in Services wherein
she alleged the owner was not making repairs in the living room nor
scraping the floors in the apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on December
12, 1987 and stated that the requested repairs would be made.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on May 31, 1988. The
inspector was not instructed to examine the floors but, instead,
requested to check for damage to the toilet bowl, the apartment
windows and determine if a garbage odor existed in the apartment.
The inspector reported that the toilet bowl was cracked, the
kitchen window was dirty and that there was a garbage odor in the
living room.
The Administrator issued the order here under review on August
12, 1988 and ordered a rent reduction of an amount equal to a
CI610163RO
guideline adjustment based on the inspector's report.
On appeal the owner, as represented by counsel, states, among
other things, that the order here under review erroneously granted
a rent reduction based on conditions not complained of. The
petition was served on the tenant on October 24, 1988. The tenant
filed a response to the petition on October 29, 1988 and stated, in
sum, that the owner's petition was without merit and should be
denied.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
It is apparent from a review of the record that the owner is
correct in stating that the order here under review was based on
conditions the tenant never cited in her complaint. The
Administrator erred in instructing the inspector to investigate
these conditions which were contained in a letter sent to the
Administrator by the tenant but which was never served on the
owner. Due process requires that the owner be notified of the
existence of the conditions complained of. Since the owner was not
put on notice of the existence of the defects in the toilet bowl,
window and the garbage odor, the order here under review must be
revoked.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. If the tenant owes arrears based on the
Commissioner's decision herein, the arrears may be paid off in
twenty four (24) equal monthly installments or immediately if the
tenant vacates the apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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