DOCKET NO.: CL420034 RO
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.: CL 420034 RO
The Herman Realty Corp. a/a/f DISTRICT RENT
The 141 East Third St. Co. ADMINISTRATOR'S DOCKET
NO.: BL 420208-S
PREMISES: 145 E. 3 St.
# 11D NY, NY.
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
On December 23, 1987, the tenant commenced the proceeding below
by filing a complaint of decrease in services. The tenant stated
in the complaint that teh windows were defective the bathroom
ceiling and livingroom was were cracked and would collapse, the
bathroom tank flush was not working properly.
The owner, was served with a copy of the tenant's complaint and
interposed an answer on February 11, 1988. In its answer the
owner stated that the toilet would be repaired by the
superintendent, with regard to the other repairs, the owner
stated that its contractors had received purchase orders to
complete the plastering, painting and window repairs. The owner
provided the phone numbers of its contractors in its answer and
stated that the tenant could make arrangements with said
contractors to complete the work at a convenient time for the
tenant.
DOCKET NO.: CL420034 RO
On August 15, 1988, the tenant was served with the owner's answer
tothe tenant's complaint and asked to verify the owner's reply
and advise the Division if repairs were made.
On August 31, 1988, a final notice was served on the tenant, in
that the tenant's answer had not yet been received by the
Administrator.
On August 31, 1988, the tenant filed a response, stating that the
repairs were made.
On September 6, 1988, the tenant responded to the notice of
August 31, 1988, stating that the work was not done.
On September 20, 1988, a physical inspection was conducted by a
Division inspector. The inspector's report stated that the
toilet had been repaired; there were two defective windows in the
bedroom, one in the bathroom, two in the livingroom and one in
the kitchen. The inspector's report goes on to state that there
were cracks in the plaster of the livingroom walls that were
moderate to severe.
On November 7, 1988, the Administrator issued an order reducing
the maximum legal rent and directing that services be restored.
In its Petition for Administrative Review, the owner requests
that the Administrator's order be reversed. The owner states in
its petition that tenant did not want arrangements made for its
contractors to do the repairs due to the tenant's health, and
that the tenant stated that she would make the repair
arrangements when she felt better. The owner goes on to state
that in tis answer to the complaint, it provided the names and
phone numbers of its contractors and that neither the Division
nor the tenant put the owner on notice that work was requested
and not performed. In addistion, the owner states that it cannot
force a tenant who claims health problems into letting
contractors perform work in her apartment. The owner goes on to
state that for the Division to reduce, the rent is unjust without
verifying that the tenant claimed health problems and was not
ready to have repairs performed.
The Commissioner is of the opinion that the petition should be
denied.
In view of the owner's having failed to raise the issue of the
tenant's health before the Administrator below, the Commissioner
DOCKET NO.: CL420034 RO
will not entertain the owner's assertions raised for the first
time on appeal. The Administrator's order reducing the rent was
therefore correct when issued.
This order is issued without prejudice to the owner's right to
file for a restoration of rent based on a restoration of
services, file facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations,
it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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