DA120211RO
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.: DA120211RO
RENT ADMINISTRATOR'S
DOCKET NO.: BL120733S
Richard Albert,
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART
On January 23, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
January 6, 1989, by the Rent Administrator, concerning the housing
accommodation known as 94-05 222 Street, Apt. 5H, Queens Village,
New York wherein the Administrator reduced the rent upon a finding
of a decrease in services.
The Commissioner has reviewed all of the evidence in the
record and had carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was commenced by the filing of twelve separate
complaints between May 21, 1987 and April 29, 1988, alleging roach
and mice infestation, water seepage damage in kitchen, a burned out
electrical outlet in kitchen, non-functioning intercom, a broken
marble sill plate, torn kitchen linoleum, and windows in need of
caulking.
The owner was served with a copy of the tenant's complaints
and submitted an answer on June 13, 1988.
On September 12, 1988 the tenant responded to the owner's
answer stating that certain repairs had been made but the
infestation and the defective intercom had yet to be corrected.
DA120211RO
Inspections were conducted by agency employees on November 14,
1988, November 28, 1988, and December 8, 1988. The inspections
confirmed roach infestation, a non-functioning intercom and broken
and cracked kitchen linoleum with pieces missing. The inspections
confirmed that water damage in the kitchen had been repaired as
well as the kitchen outlet and the marble sill plate, and that the
apartment windows had been caulked and painted.
The Administrator reduced the rent by $12.00 per month, $4.00
for each condition confirmed by inspection.
In the PAR, the owner alleges that the DHCR in a prior order
has ruled that the owner is providing exterminator services and in
addition submits the work tickets of the professional exterminator
stating that extermination was done in the apartment and there was
no evidence of live infestation, that the issue of whether the
buildings's intercom is a required service is yet to be determined
by this agency, and that the linoleum was repaired when the
complaint was received.
The Commissioner is of the opinion that the petition should be
granted in part.
The issue of the intercom has been determined in Docket No.
FH120007RK which found that the intercom is not a required service
in any building in the complex. Accordingly the finding of a
defective intercom in this tenant's apartment is revoked.
Although the owner contends that upon receipt of the complaint
he ordered that the linoleum be repaired, inspection findings
confirm the condition of the linoleum as being in a state of
disrepair. Accordingly, the finding of defective linoleum is
affirmed.
While the owner contends that extermination is regularly
provided, on two occasions the Division inspector's found visible
evidence and signs of roaches in this apartment. The
extermination, while provided, has apparently been ineffective.
The owner has an ongoing obligation to provide regular exterminator
services and the determination in a prior proceeding that such
services are being provided does not relieve the owner of the
consequences of a later determination finding evidence of
infestation. Accordingly that portion of the Administrator's order
which found roach infestation is affirmed.
DA120211RO
The Commissioner notes that an order was issued on June 20,
1989 partially restoring the rent based on a finding that new
linoleum had been installed and there was no evidence of roach
infestation (DB120067OR).
THEREFORE, in accordance with the City Rent Law and the Rent
and Eviction Regulations, 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 in accordance with this order and opinion.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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