DH 110197 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.: DH 110197 RO
KREISEL COMPANY, INC. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DE 110391 S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On August 10, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 12, 1989. The order concerned housing
accommodations known as Apt 3-E located at 215-19 48th Avenue,
Bayside, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenants commenced this proceeding by filing a Statement of
Complaint of Decrease in Services on May 19, 1989 wherein they
alleged the following services deficiencies:
1. Fuse box not sealed after circuit breakers put in,
2. Defective windows,
3. Leaks in living room ceiling causing it to bubble,
4. Bathroom sink worn out and rusty,
5. Hot water turns cold when kitchen and bathroom
sinks used at same time.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on June 20,
1989 and stated that:
1. No power going to fuse box,
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2. Windows functioning properly,
3. Bubbles exist in ceiling but tenant refuses a paint
job,
4. Bathroom sink working properly,
5. Water temperature does not fluctuate,
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on June 28 and June 29,
1989 and revealed the following:
1. Fuse box not sealed; wires exposed.
2. Living room ceiling has peeling paint and cracks in
two areas.
3. Bathroom sink worn and rusty.
The following services were found to have been maintained:
1. Windows repaired.
2. Hot water pressure adequate at time of inspection.
The Administrator issued the order here under review on July
12, 1989 and ordered a rent reduction equal to the most recent
guideline adjustment based on the report of the inspector.
On appeal the owner states that the condition of the fuse box
was a de minimis service reduction, which does not warrant a rent
reduction. The owner argues that the "old" box does not pose a
danger and, in fact, was not used since the building was rewired in
September, 1987. The owner also states that the location of the
box precludes any danger to children and that the condition has
been rectified. With regard to the other services reductions noted
by the inspector, the owner argues that the tenant refused to give
access to it to make repairs. Attached to the petition is a letter
dated July 19, 1989 sent to the tenants by certified mail
requesting access so that workmen could make repairs. Also annexed
is the reply of the tenants dated July 24, 1989, in which they
state that they are both in ill health and request that repairs be
scheduled at a later date. The tenant did not file a response to
the petition.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order here under review affirmed as modified
herein.
With regard to the fuse box, the Commissioner agrees that,
based on the facts and circumstances of this proceeding, it was
DH 110197 RO
error to order a rent reduction based on this condition. The owner
had shut off power to the box when circuit breakers were installed
and the unsealed box, in and of itself, did not constitute a danger
to the tenants. Therefore, the Commissioner revokes that portion
of the order here under review which based the rent reduction on
the condition of the fuse box.
With regard to the claim of lack of access, although the owner
raised the issue below, no evidence was submitted to the
Administrator to establish that access was requested at specified
times in letters sent to the tenants by regular and certified mail.
The letters submitted with the petition post-date the
Administrator's order and are therefore not relevant to this review
of the correctness of the order when issued. Accordingly, the
order here under review is affirmed as it pertains to the living
room ceiling and bathroom sink.
The Commissioner notes that the owner has filed for rent
restoration and said application was granted on April 26, 1990 (see
Docket No. DH 110177 OR).
THEREFORE, pursuant to the Rent Stabilization Law and Code 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, affirmed as modified herein.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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