CG420187RT
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.: CG420187RT
VERONICA WASHAM RENT
ADMINISTRATOR'S DOCKET
NO.: BI420257S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 14, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on June 9, 1988. The order concerned the
housing accommodations known as Apt. 150 located at 200 West 15th
Street, New York, N.Y. The Administrator directed restoration of
services and ordered a rent reduction for failure to maintain
required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on September 8, 1987 by
filing a Statement of Complaint of Decrease in Services wherein
she alleged, in sum, that the owner was not maintaining certain
essential apartment services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on November
17, 1987 and stated that it had corrected all conditions cited in
the complaint except for the water damage to the hallway ceiling
and wall. The owner stated that it was having difficulty obtaining
access to the apartment to make repairs but that the condition
would be corrected.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on April 4, 1988 and
revealed the following:
1. Peeling paint in foyer due to water leak,
2. Refrigerator door is difficult to open and close
due to defective door handle; and
CG420187RT
3. Exposed electrical wire along kitchen wall.
The Administrator issued the order here under review on
June 9, 1988 and ordered a $9.00 per month rent reduction based on
the report of the inspector.
On appeal the tenant states that the rent reduction ordered
for the water damage ($3.00) was inadequate to compensate her for
the severity of the damage. The tenant further states that the
damage from the water leak had been ongoing since August, 1986.
The petition was served on the owner on September 16, 1988.
The owner filed a response on September 22, 1988 and stated that
the tenant had denied access for repairs to be made and was not
entitled to a higher rent reduction.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the $3.00 per month rent reduction
for peeling paint in the foyer due to water leak which the tenant
is challenging was ordered in accordance with the applicable
schedule of rent reductions to be granted to rent controlled
tenants for a condition of this type. Despite the tenant's
assertion that the condition existed prior to the issuance of the
order here under review, the Commissioner notes that Section 2202.2
of the Rent and Eviction Regulations for New York City requires
that any rent reduction granted by the Administrator be prospective
only. The order here under review was correctly issued and is
affirmed.
The Commissioner notes that the owner's rent restoration
application (Docket No. DA420120OR) has been granted by the
Administrator.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City, 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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