CJ110074RO
                                    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




          ----------------------------------x     
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.:             
                                                  CJ110074RO
                 CASE WHITNEY COMPANY,      
                                                  RENT ADMINISTRATOR'S
                                                  DOCKET NO.:
                                   PETITIONER     BG110779S       
          ----------------------------------x



            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 















          CJ110074RO



          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 










          CJ110074RO



          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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