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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.:
CG620107RO
SILMAN REALTY CO.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK620114OR
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART, AND REMANDING PROCEEDING TO ADMINISTRATOR
On July 6, 1988, the above-named petitioner-owner filed a Petition
for Administrative Review (PAR) of an order issued on June 2, 1988,
by the Rent Administrator, concerning the housing accommodation
known as 1120 Wyatt Street, Apartment 5-C, Bronx, New York, wherein
the Administrator determined that the conditions giving rise to the
rent reduction had not been corrected and denied the owner's appli-
cation for a rent restoration.
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 owner of an
application to restore rent dated November 2, 1987. A copy of the
owner's application was served on the tenant who responded stating
that the bedroom window was repaired by the superintendent but
broke again and does not close properly.
An inspection conducted by a Division of Housing and Community
Renewal (DHCR) staff inspector on April 19, 1988, disclosed that
the master bedroom window was broken and there is peeling paint and
plaster in the small bedroom. Thereafter, the Administrator issued
its order denying the owner's application on the basis that repairs
have not been completed.
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In the PAR, the owner states that the Administrator's order denying
the rent restoration is vague in that the order does not state
which bedroom window it is referring to and because the tenant was
given a painting allowance and did not properly plaster the small
bedroom wall or allow owner's workmen to do it.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and the proceeding
remanded to the Administrator for redetermination including re-
inspection.
In order for a rent restoration application to be granted, it must
be established that the conditions cited in the rent reduction
order have been corrected. In this case, the rent reduction order
described the services not being maintained as a defect in the
operation of the small bedroom window and peeling paint and plaster
on the small bedroom wall.
The only relevant inquiry in this proceeding is whether those
conditions were corrected.
The inspection report of April 19, 1988, refers to a defective
master bedroom window. This is a separate condition from that
cited in the rent reduction order. It cannot be determined from
the inspection report whether the window in the small bedroom was
inspected and in any event, the Administrator's order appears to
refer to the window in a different room. Therefore, the Commis-
sioner finds that the owner's application should be remanded to the
Administrator for an inspection of the small bedroom window and a
redetermination of the owner's application to restore rent.
As to the condition of peeling paint and plaster, the owner
contends in this administrative appeal that the tenant was given a
painting allowance in December of 1988, after the issuance of the
Administrator's order which was intended to cover the necessary
plaster and painting, and that the tenant refused the owner's
workman, also after the date of the order. The Commissioner notes
that these events, occurring after the issuance of the Administra-
tor's order, are outside the scope of review of this Administrative
proceeding.
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, it is
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ORDERED, that this petition be, and the same hereby is, granted in
part, that the proceeding be remanded to the Administrator for a
determination of whether the condition with respect to the de-
fective operation of the window in the small bedroom has been
corrected, and that the Rent Administrator's order be, and the same
hereby is, revoked as to this finding and affirmed in all other
respects.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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