DHCR Decisions
DA 420110-RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
DA 420110-RT
DIANE NOBLE, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BL 420543-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 18,1989 the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
December 12, 1988 by the Rent Administrator concerning the
housing accommodations located at 334 West 22nd Street, New York,
New York, Apartment 6 wherein the Administrator denied the
tenant's rent reduction application based on a finding that the
tenant had purchased her own stove and refrigerator.
The issue in this appeal is whether the tenant is entitled to a
rent reduction.
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.
The tenant commenced this proceeding on December 10, 1987 by
filing a complaint of decrease in services in which she alleged
that she had purchased her own refrigerator and stove because the
landlord had refused to replace these appliances when they became
defective.
In answer to the complaint the landlord stated in substance that
in 1982 he offered to repair or replace the refrigerator, or pur
chase a new one but the tenant refused to pay the permissible
increase and chose to buy her own. In 1986, a similar problem
arose with the stove and, according to the landlord, the tenant
purchased her own stove for which the landlord gave her $50.00.
The tenant replied, denying that she even refused to pay "the
permissible increase".
A physical inspection of the premises by a DHCR employee on
October 19, 1988 revealed the refrigerator and stove were func-
tioning properly and that the tenant claimed that the appliances
are hers and that she seeks compensation for them from the land-
lord.
The Administrator's order denied the tenant's rent reduction
DA 420110-RT
application.
In the petition for administrative review, the tenant seeks
clarification of the order, claiming that she is entitled to a
rent reduction based on the landlord's failure to furnish a stove
and refrigerator.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be
denied.
Section 2202.16 of the Rent and Eviction Regulations authorizes
an appropriate reduction in the maximum rent based on a finding
that a landlord is not maintaining services or equipment required
to be provided.
In this case, although it is undisputed that the stove and
refrigerator were purchased by the tenant, the evidence of record
does not support a finding that the landlord refused to provide
these appliances to the tenant. By resorting to self-help and
purchasing new items before she even filed a complaint, the
tenant prevented a determination by the Administrator that the
landlord refused to repair or replace defective appliances after
notice of the problems and a reasonable opportunity to take
corrective measures.
The Commissioner notes that the Division's records reveal that
the tenant has vacated the apartment.
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, denied,
and that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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