Docket No.: CD 520014-RT
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.: CD 520014-RT
Ramon E. Azular NO.: ZBB 520038-OI
Premises: 22 St. Nicholas
Place, Apt. 1,
New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevnat ot
the issues raised by the petition.
The owner commenced this proceeding by filing with the
Administrator an Application for Rent Increase based on a change in
services or facilities, to wit; a (toilet) tank and bowl, vanity
set and faucet, and new walls. The tenant signed the form,
indicating that he understood that in consideration of the above-
enumerated service changes he would pay a rent increase.
The premises were inspected by an employee of the DHCR to
ascertain that the repairs had been made, specifically that the
tank, bowl, and vanity had been installed.
The Administrator ordered a rent increase based upon the three
improvements original described by the owner in its Application.
In his petition the tenant argues tht the owner should not be
granted a rent increase. The tenant contends that the new tank and
bowl replace a "chronically leaking unit", and were thus not an
improvement. The tenant similarly argues that the new walls were
a needed replacement to the old walls wich were "cracked blistered,
potentially dangerous..." The tenant adds that the new bathroom
wall has developed a crack in the same location that there was a
Docket No.: CD 520014-RT
crack on the old wall.
The Commissioner is of the opinion that this petition should be
The Commissioner notes that by signing the owner's Application
the tenant assented tothe owner's raising the rent in consideration
for the installation of the new tank, bowl, vanity and wall. Those
three specific improvements were those cited by the Administrator
in its Order granting a rent increase.
Notwithstanding the tenant's contention on appeal, the Rent and
Eviction Regulations do not bar the owner from seeking a rent
increase in consideration of service improvements, even if those
service improvements consist of repairs of defects.
An examination of the record reveals that the DHCR inspector in
addition to noting the installation of new tank bowl, vanity and
wall, discovered a crack in the new wall, similar to the tenant's
claim on appeal. The tenant is hereby notified that this Order is
issued without prejudice to the tenant's filing a complaint of
reduction in service if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
Joseph A. D.Agosta
Acting Deputy Commissioner