STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC210432RO
DOCKET NO.: BL210600S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On March 30, 1989, the above-named petitioner-owner filed a
petition for administrative review of an order issued on
February 24, 1989, by the Rent Administrator, concerning the
housing accommodation known as 50 East 19 Street, Apt. C-9,
Brooklyn, N.Y., wherein the Administrator determined that the
owner had failed to maintain certain services.
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 proceeding was commenced by the filing of a complaint of
decreased services, dated December 14, 1987. The owner responded
to the complaint asserting that all required repairs had been or
will be completed. Thereafter, an inspection of the apartment
disclosed defective plaster in the bedroom and a leaking bathroom
In the petition for administrative review, the owner states in
substance that the conditions disclosed by the inspection are not
those originally complained of.
The Commissioner is of the opinion that the petition should be
granted in part and the Administrator's order modified.
The finding of water-stained plaster on the ceiling and wall of the
bedroom as well as an incomplete bedroom wall bears a sufficient
relation to the condition complained of that the owner can be
charged with sufficient notice of the condition. The finding of a
leaking drain, however, was not raised in and is not related to the
tenant's complaint. Accordingly, the Administrator's order is
modified to delete the finding of a leaking drain.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Rent Administrator's order be, and the same
hereby is, modified in accordance herewith.
JOSEPH A. D'AGOSTA