CG420060RO
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.: CG420060RO
ISOLINO FERNANDEZ,
RENT ADMINISTRATOR'S
DOCKET NO.: BJ421047S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued concerning the housing accommo-
dation known as 23 Grove Street, Apt.#5-D, New York, N.Y.
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 tenant commenced this proceeding on October 19, 1987 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment. The tenant alleged that the new
sink the owner had installed in the kitchen is smaller than the one
it replaced and is so small that the tenant is forced to wash
dishes and pans in the bathtub.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed. With regard to the sink, the owner stated
that a new sink and counter top were installed on May 10, 1986.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of the following
defective conditions:
1. Minor water stained hallway ceiling
2. Kitchen sink is grossly undersized and inadequate
and can not contain dinner size plates.
The Rent Administrator directed restoration of these services and
CG420060RO
further ordered, a reduction of the maximum legal rent.
In its petition for administrative review, the owner states, in
substance, that the ceiling was repaired on September 30, 1987 and
February 12, 1988 and that the replacement kitchen sink was the
same size as the old sink.
The petition was served on the tenant on September 14, 1988. In
response, the tenant stated that the ceiling was repaired but the
water stains reappeared and that the new replacement sink is a
$40.00 bar sink that is substantially smaller than the sink it
replaced.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain essential services may result in an order of decrease
in maximum rent, in an amount determined by the discretion of the
Rent Administrator, to reflect the decreased rental value because
of the decrease in services. The owner's petition does not
establish any basis for modifying or revoking the Administrator's
order which determined that the owner was not maintaining essential
services based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York, 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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