STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CF110170RT
DOCKET NO.: BJ110014S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART, AND REVOKING ADMINISTRATOR'S ORDER
On June 8, 1988, the above-named petitioner-tenant filed a petition
for administrative review of an order issued on May 24, 1988, by
the Rent Administrator, concerning the housing accommodation known
as 102-12 65th Avenue, Apt. C24, Forest Hills, New York, wherein
the Administrator determined that the complained of conditions had
been corrected and denied the tenant's application.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of decrease in services dated October 5, 1987. The
tenant cited an inoperative doorbell, inoperative buzzer system and
intercom between the apartment and the lobby and frequent lack of
hot water. In addition, the tenant states that the owner failed to
paint the raw wood window molding after installation of new
windows, that she finally had to do it herself, and seeks
Inspections conducted by a DHCR staff inspector on March 31, 1988
and April 22, 1988 revealed that the apartment doorbell was not
working and the other conditions complained of had been corrected.
Nevertheless, the Administrator issued its order denying the
tenant's complaint on the basis that the conditions complained of
had been corrected.
In the PAR, the tenant states that she has no doorbell and had to
paint the window moldings herself.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and the Administrator's
order should be revoked.
The report of inspection dated March 31, 1988, states that the
apartment doorbell was inoperative. As this particular item was
one of the conditions specified in the tenant's complaint, it was
error for the Administrator to deny the tenant's complaint citing
that the conditions complained of had been corrected.
Accordingly, the tenant's complaint and application for a rent
decrease is hereby granted on the basis that an inspection by a
DHCR staff inspector disclosed that the doorbell was inoperative.
The Legal Regulated Rent is reduced by the percentage of the most
recent guidelines adjustment for the tenant's lease which commenced
before the effective date of the rent reduction. The decrease is
effective December 1, 1987, the first rent payment date following
service of the tenant's complaint on the owner.
Inasmuch as the tenant has applied self-help with respect to the
window moldings, this condition is incapable of verification
through inspection and is therefore discontinued as an element of
this proceeding. The petitioner may seek relief in a court of
competent jurisdiction in this regard.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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, revoked and the tenant's complaint and application for
a rent decrease be, and the same hereby is, granted in accordance
with this order and opinion.
JOSEPH A. D'AGOSTA