STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
RICHARD ALBERT, RENT ADMINISTRATOR'S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 6, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 31, 1989, by the Rent Administrator, concerning the housing
accommodation known as 94-05 222nd Street, Apartment 5-H, Queens
Village, New York, wherein the Administrator determined that
certain apartment services were not being maintained and ordered a
reduction in rent.
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.
This proceeding was commenced by the filing of a complaint by the
tenant dated June 29, 1988 alleging that certain apartment services
were not being maintained, namely, marble door sill cracked and
broken, defective bathtub cold water faucet, split and torn kitchen
linoleum, burned out kitchen outlet, water damage from seepage near
kitchen windows and broken sash chain in living room window.
An inspection conducted on August 15, 1989 found a broken sill, a
screw missing from the cold water faucet and loose kitchen linoleum
with rips. Inspection also disclosed that the water damage,
kitchen outlet, and window chain had been repaired.
In the PAR the owner claims that loose linoleum is a new complaint,
that the complaint of split and torn linoleum was corrected, that
the door sill was repaired with patching material, was still intact
upon receipt of the Administrator's order, and that the "piece
missing" is simply incorrect, that a loose screw does not affect
the functioning of the faucet, that due to illness the apartment
inspection was conducted in the absence of the superintendent, and
that tenants are signing multiple complaints alleging the same
conditions on a repeated basis.
The Commissioner is of the opinion that this petition should be
This Division conducted an inspection of this tenant's apartment on
April 11, 1989 in connection with another docket dealing with the
same complaint, and found that new linoleum had been installed.
The tenant advised on March 10, 1989 in connection with that
docket, that the linoleum had been replaced. The inspection find-
ings therefore related to a new replacement which is not subject of
the tenant's original complaint.
The inspection findings did not confirm a defective water faucet
but merely indicate that there is a missing screw. The Commissioner
finds that a missing screw does not affect the functioning of the
The Commissioner notes that this tenant has filed multiple com-
plaints which address the same issues and have been the subject of
The owner contends that the door sill was repaired and was intact
when the Rent Administrator's order was received. Repair to the
door sill is indicated in an inspection report of November 28, 1988
conducted by this agency in connection with another docket
(BL120733S) which alleged some of the same complaints. At that
time it was determined that the marble sill plate at the entrance
door had been repaired.
Accordingly, the Commissioner finds that the inspection findings
relate to new matters which were not the subject of the original
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations for New York City, it is,
ORDERED, that this petition be, and the same hereby is, granted,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA