CB110367RO
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.: CB110367RO
SUMMIT HOUSE ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: BG110429S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 10, 1988 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued January 21, 1988. The order concerned housing
accommodations known as Apt. 1R located at 87-10 51st Ave.,
Elmhurst, 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 tenants commenced this proceeding on July 9, 1987 by
filing a Statement of Complaint of Decrease in Services wherein
they alleged that the owner was not maintaining certain required
services. The tenant included in the complaint allegations that
the apartment entrance door is defective, that there are
electricity problems throughout the apartment, that the heat covers
are falling off,and that the vents in the kitchen and both
bathrooms are inoperative.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October 1,
1987 and stated, in sum, that services had been restored or that
the required repairs had been made. The owner included copies of
work orders signed by the tenant for repairs to the bathroom and
kitchen, the living room floor, and the installation of a new lock.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on December 8, 1987 and
revealed the following:
CB110367RO
1. Excessive air seepage resulting from large gap
between apartment front door and door frame,
2. Second bedroom wall outlet is loose,
3. Water leakage caused by loose living room hot water
pipe cover,
4. Defective second bedroom bathroom air vent.
The Administrator issued the order here under review on
January 21, 1988 and ordered a rent reduction based on the
inspector's report.
On appeal the owner states that the necessary repairs have
been made, that the Administrator's order exceeded the scope of the
complaint and that the Administrator issued an order bearing Docket
No. BG130035B which dismissed a complaint filed by the tenant
wherein the tenant made similar complaints of failure to maintain
required services. The owner attached repair slips, allegedly
signed by the tenant, which were offered to support the owner's
assertion that repairs were completed between the period of August
15, 1987 to September 4, 1987. The petition was served on the
tenant on May 13, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that, pursuant to Section 2523.4 of the
Rent Stabilization Code, a tenant may apply to the DHCR for a rent
reduction and the Administrator shall reduce the rent based on a
finding of failure to maintain required services. Repairs and
maintenance are included within the definition of required
services. The Commissioner finds that the Administrator based this
determination on the entire record including the results of the on-
site physical inspection described above.
The owner asserts that the necessary repairs were completed
prior to the issuance of the Administrator's order, the
Commissioner notes that the DHCR inspector is neither a party to
this proceeding nor an adversary. The inspector's report is
dispositive of the issue of whether the owner was maintaining
required services at the time of the inspection. The signed work
orders submitted by the owner refer to conditions other than those
reported by the inspector.
The Commissioner finds that the Administrator's order did not
exceed the scope of the complaint inasmuch as all the conditions
listed in the order were included in the complaint. With regard to
the owner's allegation that the order issued in Docket No.
BG130035B bears on the outcome of this proceeding, the Commissioner
notes that the issued dealt with in Docket No. BG130035B involved
CB110367RO
the bell and buzzer systems and public area lighting. None of the
individual apartment issues raised in the instant proceeding were
involved in Docket No. BG130035B. The Administrator's order was
correctly issued. The order is affirmed.
The Commissioner notes that the owner's rent restoration
application (Docket No. EA110028OR) has been granted by the
Administrator. The automatic stay of the retroactive rent
abatement which resulted from the Rent Administrator's is vacated
upon issuance of this order and opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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