STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
PETITIONER DOCKET NO.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
On February 19, 1988, the above-named petitioner-tenant filed a
timely petition for administrative review (PAR) of an order issued
on January 27, 1988, concerning the housing accommodation known as
452 Ft. Washington Avenue, Apartment 51, New York, New York,
wherein the Administrator granted a partial restoration of rent.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The proceeding was commenced by the filing of an application to
restore rent dated July 1, 1987, which had been reduced in the
amount of $10.00 per month under a previous order dated May 29,
1987. That order reduced the rent in the amount of $3.00 for
ceiling leaks, discolored plaster and paint, and flaking and
peeling in foyer hall; $3.00 for a defective fire escape door; and
$4.00 for defective kitchen cabinet doors (Docket No. AI520749S).
In response to the owner's application, the tenant advised that the
ceiling was plastered but is still discolored and has not been
painted, that the fire escape door is still not properly sealed
allowing for seepage of air and rain, and that some of the kitchen
cabinet doors still do not close.
Thereafter, an inspection was conducted which confirmed the
unworkmanlike repair to the ceiling, and the broken frame around
the fire escape door. No defect could be discerned with respect to
the kitchen cabinets. The inspection report, however, states that
it is the living room ceiling in question and not the foyer as
referred to in the order.
Nevertheless, the Administrator restored the rent in the amount of
$3.00 for the ceiling, and $4.00 for the kitchen cabinets, and
directed the owner to reapply after repairing the fire escape door.
In the PAR, the tenant contends that the living room ceiling is
still discolored and has not been painted and that the kitchen
cabinets do not stay closed.
After a careful consideration, the Commissioner is of the opinion
that the PAR should be granted in part.
The report of inspection conducted by a Division employee indicated
that the living room ceiling had been patched but displayed water
stain and peeling paint and that the area that was plastered had
not been painted.
The Commissioner finds that it was error for the Administrator to
restore the rent in the amount of $3.00 for this condition. The
restoration effective February 1, 1988, is hereby reduced to $4.00,
and the owner can apply for the remaining $6.00 upon restoring the
paint and plaster in a workmanlike manner and repairing the fire
escape door to prevent leakage of air and water.
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Rent Administrator's order be, and the same
hereby is, modified in accordance herewith.
JOSEPH A. D'AGOSTA