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.: CL110182RO
RICHARD ALBERT RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 22, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on December 5, 1988 concerning the housing
accommodations known as Apt. 6F, 94-07 222nd Street, Queens
Village, NY, wherein the Administrator directed the owner restore
the fire escapes that need painting in various locations within 20
days of the date of the order but found that other items were
restored and did not order a rent reduction.
The Commissioner has carefully reviewed all the evidence of record
and has carefully considered that portion relevant to the issues
raised on appeal.
The proceeding was initiated by the tenant filing two complaints
alleging a decrease in building-wide services, in which he
asserted,in pertinent part, that paint was peeling on the portal
above the courtyard entrance and that various fire escapes about
the premises showed indications of rusting. The tenant requested
a rent reduction for the owner's failure to maintain services.
In his answer, the owner stated, in pertinent part, that the tenant
was attempting to obtain unjustified rent reductions.
A physical inspection of the premises by DHCR on November 18, 1988
revealed that the area above and around the courtyard entrance was
painted and that, while rust could not be located on the fire
escapes, paint was peeling in various locations.
The Rent Administrator's order appealed herein directs the owner to
restore the fire escapes that need painting within twenty days.
In the petition for administrative review, the owner asserts that
since the order states that all required services are being
maintained, the directive to paint the fire escapes should be
deleted; that it is impossible to do outdoor painting in December;
that the complaint was prepared by a tenant representative in
violation of a court stipulation and that the tenants are harassing
the owner by filing multiple baseless complaints.
In answer to the petition, the tenant contends that the petition
should be denied because the owner does not dispute that painting
repairs are required.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code requires an owner to
maintain services including repairs and maintenance. The order
appealed herein properly reflects the results of the physical
inspection which found that services were substantially being
maintained but there was evidence of peeling paint on the fire
escapes which the owner was directed to restore but which did not
warrant a rent reduction. It is noted that the tenant's petition
for administrative review of the same order was denied by the
Commissioner in an order and opinion issued on November 16, 1989.
The owner's other arguments are also without merit. The record
indicates that the complaint was sent to the owner on May 27, 1988,
giving the owner ample time to paint the fire escapes before the
winter months arrived. The owner has also not established that the
complaint was prepared by the tenant or a tenant representative in
violation of a court stipulation and the filing of multiple
complaints by a tenant is not prohibited.
Therefore in accordance with the Rent Stabilization Law and Code,
ORDERED that this petition be and the same hereby is denied and the
Rent Administrator's order be and the same hereby is affirmed.
JOSEPH A. D'AGOSTA