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.: CD120225RO
SANDY R. JAMIESON RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On March 31, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued February 26, 1988. The order concerned housing
accommodations known as Apt. 5G located at 155-01 90th Ave.,
Jamaica, N.Y.. The Administrator directed restoration of services
and ordered an $8.00 per month reduction of the maximum legal rent.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on May 18, 1987 by filing
a Statement of Complaint of Decrease in Services wherein he alleged
that the owner, in installing new apartment windows, had failed to
reinstall the window screens that the tenant was entitled to.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on January
27, 1988 and stated, in sum, that the window screens were not a
service required to be provided to the tenant.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on December 28, 1987 and
revealed that there were 8 missing screens in the apartment. The
Administrator issued the order here under review on February 26,
1988 and ordered an $8.00 per month rent reduction based on the
On appeal the owner again argues that apartment window screens
are not required to be provided to the tenant and that the absence
of such screens is not proof that the service is required to be
provided. The petition was served on the tenant.
The tenant filed a response on July 6, 1988 and stated, in
sum, that the owner was required to maintain screens in the
apartment and that the order here under review was correctly issued
and should be affirmed.
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.
The Commissioner's review of the record in this proceeding as
well as the rent control records for the subject apartment reveals
no evidence that the owner was required to maintain apartment
window screens. The Commissioner notes that the issue of the
owner's responsibility to provide apartment screens was raised by
at least one other tenant in this building. In Docket No.
AA120717S, the rent control records for Apt. 4C of the subject
building revealed that the tenant of that apartment began paying a
rent increase for new screens in 1967. The rent control records
for the subject apartment do not contain any similiar notation.
The Administrator did not investigate whether or not screens
were required to be provided but, instead, relied on the
inspector's report of missing screens. The report is not
dispositive of the issue of whether or not screens are required to
be provided by the owner. Since it cannot be determined whether or
not the owner was required to maintain this service from the
available record, the order here under review must be revoked. The
tenant may reapply for a rent reduction upon proper proof that the
owner is required to maintain this service.
The Commissioner notes that the owner's rent restoration
application (Docket No. CG120070OR) was granted by the
Administrator on January 17, 1989.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City 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. The tenant may pay off any arrears due and
owing the owner by reason of the issuance of the Commissioner's
order in installments of $8.00 per month or immediately if the
tenant vacates that apartment.
JOSEPH A. D'AGOSTA