ADM. REVIEW DOCKET NO. DH 510542 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 510542 RO
:
DRO ORDER NO.:
DF 510214-S
AXELROD MANAGEMENT CO., INC.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 28, 1989, the above-named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued
on August 4, 1989 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
2300 Fifth Avenue, Apartment No. 14E, New York, N.Y. 10037
wherein the Administrator established the rent for the tenants'
apartment at $1.00 per month effective June 1, 1989 on the
grounds that a fire had rendered the subject apartment
uninhabitable.
On appeal, as below, the owner requests a reversal of the
Administrator's order, and dismissal of the tenant's complaint.
The owner argues, in essence, that the Administrator failed to
take into account the owner's answer that the tenants did not
deserve any rent reduction while the fire damage was being
repaired because the fire was caused by the tenants' negligence.
The petitioner further protested the Administrator's order
on the ground that it did not terminate at the time the
apartment is repaired, and argues that it permits the tenants to
live there at $1.00 per month until an order is issued restoring
the rent. The petitioner notes that the tenants were restored to
possession one week after the rent reduction order was issued,
and submits a copy of a statement signed by the tenant, dated
August 11, 1989, setting forth that "All work necessary to repair
all damages by the recent fire has been completed to my
satisfaction."
The tenants do not dispute that repairs were made promptly
nor the owner's entitlement to rent as of August 11, 1989, but
ADM. REVIEW DOCKET NO. DH 510542 RO
request that they be credited pro-rata for the twenty-eight days
(28) of June rent which was paid but for which time the apartment
could not be occupied.
A search of Division records also reveal that on June 6,
1990, the Administrator granted the owner's rent restoration
application under Docket No. DI-410129-OR effective May 1, 1990.
The Administrator found that an inspection conducted on March
16, 1990 confirmed that the tenants were in occupancy and that
repairs had been made, but that the living room window locks were
missing and that one window sash failed to stay open. There is
no record of an administrative appeal of the rent restoration
order by either the tenants or the owner.
The applicable law is Sections 2522.6 and 2523.4 of the Rent
Stabilization Code.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied to the extent that the
petitioner seeks a reversal of the Administrator's rent reduction
order.
The Commissioner notes that the $1.00 per month rent allowed
during the period the premises were rendered uninhabitable
conveyed to the tenants only the right to be restored to
occupancy upon the completion of repairs and no other rights.
The record confirms that the premises were uninhabitable for
the period from June 3, 1989 through August 10, 1989, inclusive.
The $1.00 per month rent terminated effective the first date the
premises were restored and the tenants resumed occupancy. The
tenants are correct that they are entitled to be credited the
June 1989 rent which was paid, but for which time they were
unable to occupy the premises, apportioned to the period after
they resumed occupancy.
The Commissioner makes no determination with regard to the
owner's bare allegation below and at PAR that the fire may have
been the result of negligence on the part of the tenants.
However, this order is issued without prejudice to the owner's
right to such relief in a court of competent jurisdiction.
The Administrator's order is modified to reflect the
correct address of the subject accommodation. However, the issue
date of the Administrator's order remains August 4, 1989 for all
other purposes.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby
is, denied, and that the Rent Administrator's order be, and the
same hereby is, affirmed.
ADM. REVIEW DOCKET NO. DH 510542 RO
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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