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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.:
CJ110074RO
CASE WHITNEY COMPANY,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BG110779S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On October 13, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
September 9, 1988, by the Rent Administrator, concerning the
housing accommodation known as apartment 1-F, 47-37 45th Street,
Woodside, New York, wherein the Administrator determined that the
owner was not maintaining required services, directed restoration
of services, and ordered a rent reduction.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered those portions of the records relevant to
the issue raised by the administrative appeal.
The record reveals that the tenant filed a complaint on July 13,
1987 listing several conditions throughout the apartment requiring
repair.
The owner responded that certain attachments mentioned in the
complaint had not been received. The complaint was again sent to
the owner.
A physical inspection of the apartment by DHCR on January 4, 1988
revealed that the foyer floor had been repaired in an unworkmanlike
manner, the door springs were not defective, the faucets throughout
the apartment did not leak, the kitchen sink was chipped, the
kitchen wall cabinet shelves were not level, the refrigerator and
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stove were not defective, the living room radiator cover was
missing both small doors, and there was no evidence of water
leaking from the bathroom sink tap.
In another answer to the complaint the owner stated that some
repairs had been done and others would be completed as soon as the
tenant provided access. The tenant confirmed in a letter dated
February 3, 1988 that some problems had been remedied but others
remained unattended.
A notice of inspection for access was scheduled for April 1, 1988.
The tenant, managing agent, and superintendent were present. The
inspector reported that all repairs were done, including the
kitchen cabinets, except for the kitchen sink which was chipped in
several spots and which the managing agent said would be fixed
later that day.
The tenant was asked in a notice dated June 9, 1988 if all repairs
were done but he did not respond.
Another physical inspection on August 15, 1988 revealed that the
kitchen and bathroom sink faucets leak and the kitchen cabinet
catches are broken.
Based on this inspection, the Rent Administrator issued a rent
reduction order citing the faucets and kitchen cabinet catches as
services not being maintained.
In the petition for administrative review, the owner, through
counsel, asserts that the inspection on April 1, 1988 revealed that
all items had been repaired to the satisfaction of the Division and
the tenant, and there was no subsequent notice to the owner of the
need for any additional repairs.
The petition was served on the tenant on November 22, 1988.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted
and the Rent Administrator's order should be revoked.
The owner is correct in that at the inspection which the owner
attended, it was agreed that only the kitchen sink had to be
repaired because it was chipped. It had already been determined in
the earlier inspection that the sink faucets did not leak and in
this inspection, it was found that the kitchen cabinet had been
repaired properly. The owner was on notice only of the need to
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repair the kitchen sink and there is no evidence in the record that
this was not done. The tenant did not respond to the adminis-
trator's notice asking if repairs were completed and the subsequent
inspection did not reveal that the sink was not fixed.
It was incorrect to order a rent reduction for items that had pre-
viously been found to have been repaired without giving the owner
notice that new or additional defects had appeared.
Any rent arrears due as a result of this order may be paid off in
twelve monthly installments.
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 Rent Administrator's order be, and the same hereby is,
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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