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.: CI220178RO
125 Eastern Parkway Associates RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On September 12, 1988 the above named petitioner-owner filed a
Petition for Administrative Review of an order issued on August 11,
1988, by the Rent Administrator, concerning the housing
accommodations known as Apt. 2F, 125 Eastern Parkway, Brooklyn, NY
wherein the Rent Administrator found that the owner was not
maintaining required services, directed restoration of such
services, and ordered a rent reduction.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
A review of the record reveals that on February 29, 1988,
the tenant filed a statement of complaint of decrease in services
in which she alleged that there were numerous conditions throughout
her apartment that required repairs.
In answer to the complaint, the owner stated that certain repairs
have been made in the tenant's apartment and that any additional
problems will be addressed as soon as possible.
A physical inspection by DHCR on May 26, 1988 revealed that the
apartment entrance door lock was defective, the bedroom ceiling and
wall had peeling paint and plaster, and the top sashes of the new
windows do not remain up.
For these conditions, the Rent Administrator reduced the maximum
legal rent for this rent controlled apartment by $16.00 ($5.00 for
the defective door lock, $2.00 for the bedroom ceiling and wall,
and $9.00 for the windows).
In the petition for administrative review, the owner asserts that
this complaint was a duplicate of a previous complaint and all
services have since been restored and/or corrected.
The petition was served on the tenant on October 26, 1988. The
tenant's answer urges that the petition be denied because the owner
has not specified how the order appealed is repetitive or what
services have been restored.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted
in part and the Administrator's order should be modified.
The Division's records reveal that the tenant has filed several
complaints and has received prior rent reduction orders for some of
the same conditions cited in the order appealed herein. In Docket
No. KC002355S, a rent reduction was ordered on January 29, 1986 for
"windows allow air seepage and do not lock" which has not been
restored. In Docket No. AG220514S, a rent reduction was ordered
for drafty windows ($10.25) and peeling paint and plaster on the
apartment walls (10% of maximum legal rent). The rent reduction
for the walls was restored in Docket No. CH220112OR issued on April
18, 1989 and the reduction for the windows was restored in Docket
No. FJ220185OR issued on August 19, 1992.
Accordingly, the Commissioner is of the opinion that the $2.00 rent
reduction in the order appealed herein for the bedroom ceiling and
wall must be revoked because this condition is included in the 10%
rent reduction for peeling paint and plaster throughout the
apartment. The $9.00 rent reduction for the windows must also be
revoked because there was already in existence a rent reduction of
$10.25 for this condition. The only condition not cited in
previous orders is the defective entrance door lock which is
affirmed and which the owner should seek restoration by filing a
restoration application with the Division.
Therefore, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED that this petition be and the same hereby is granted in
part and the Rent Administrator's order be and the same hereby is
modified to revoke the $2.00 rent reduction for the bedroom ceiling
and wall and the $9.00 reduction for the windows, but the $5.00
reduction for the apartment entrance door lock is affirmed.
JOSEPH A. D'AGOSTA