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
APPEALS OF : DOCKET NOS.:
: DL-110065-RO &
: EK-110329-RO
JAIME ASSOCIATES, :
: RENT ADMINISTRATOR'S
DOCKET NOS.:
: DH-110539-S &
: EA-110041-OR
PETITIONER :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On December 22, 1989 and November 28, 1990, the above-named
owner-petitioner filed two Petitions for Administrative Review,
consolidated herein, of two orders issued on November 29, 1989 and
October 25, 1990, respectively, by the Rent Administrator, 92-31
Union Hall Street, Jamaica, NY, concerning the housing
accommodation known as 102-30 Queens Boulevard, Apt. 5S, Forest
Hills, NY wherein the Administrator directed the restoration of
services and determined that a rent reduction was warranted, and
subsequently denied the owner's application for a restoration of
rent.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
This proceeding was initially commenced on August 25, 1989 by
the subject tenant filing a complaint of decrease in services,
alleging, among other things, that the bathtub was discolored and
in need of glazing; that the kitchen cabinets were in need of re-
staining; that the closet door in the bedroom had broken knobs; and
that the ceiling in the living room had peeling paint.
On September 1, 1989, a copy of the complaint was sent to the
owner with instructions to file an answer within twenty days. The
record reveals that the owner did not file an answer.
DL-110065-RO/EK-110329-RO
On November 16, 1989, a Division staff member made a physical
inspection of the subject apartment to investigate the tenant's
claims. The inspector reported, among other things, that the
bathtub was stained; that the cabinets in the kitchen were in need
of re-staining; that a door knob to a closet in the bedroom was
missing; and that flaking paint and cracks were evident on the
ceiling in the living room.
On November 29, 1989, the Administrator issued an order under
Docket No. DH-110539-S, reducing the tenant's rent to the level
that was in effect prior to the last rent guidelines increase based
on the above-mentioned items of the November 16, 1989 inspection
report.
In the petition for administrative review (PAR) under Docket
No. DL-110065-RO, the owner seeks reversal of the November 29, 1989
order based upon the submission of a tenant-signed statement dated
December 7, 1989 which advises: "Repairs as listed were taken care
of with the exception of the tub." The owner claims that each of
the items were restored as per the tenant statement, and further
states that the bathtub has been cleaned.
In answer to the PAR, the tenant states that repairs were made
to the items in question with the exception of the kitchen
cabinets.
On January 9, 1990, the subject owner filed an application to
restore rent stating, among other things, that the items cited in
the November 29, 1989 order had been restored.
On March 1, 1990, a copy of the owner's application was sent
to the tenant. The tenant interposed an answer on March 8, 1990
but the assertions therein were not relevant to the issues raised
in the application.
On September 28, 1990, a Division inspector visited the
subject apartment to investigate the owner's claims. In his report
the inspector stated, among other things, that the kitchen cabinets
needed to be re-stained, further noting some cabinet doors had
unmatched stain colors; and that the painting in the living room
was unworkmanlike.
On October 25, 1990, the Administrator issued an order under
Docket No. EA-110041-OR, denying the owner's rent restoration
application based on the results of the September 28, 1990
inspection report.
In the PAR under EK-110329-RO, the owner seeks reversal of the
October 25, 1990 order and advises that the kitchen cabinets and
DL-110065-RO/EK-110329-RO
the living room ceiling have been corrected to the tenant's
satisfaction and, in support, submits a copy of a tenant-signed
work order dated October 31, 1990, which states: "cabinets
restained and ceiling corrected."
The tenant did not file an answer to the PAR under EK-110329-
RO.
The Commissioner is of the opinion that the owner's PAR under
DL-110065-RO should be denied and the owner's PAR under EK-110329-
RO should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a
tenant may apply to the DHCR for a reduction of the legal regulated
rent to the level in effect prior to the most recent guidelines
adjustment, and the DHCR shall so reduce the rent for the period
for which it is found that the owner has failed to maintain
required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
As to the Administrator's November 29, 1989 order, the
evidence of record shows that the Administrator based his
determination on the entire record, including the November 16, 1989
Division inspection which identified, and corroborated, the
tenant's claims. Therefore, the Commissioner finds that the
Administrator correctly determined that the owner had failed to
maintain services and properly reduced the tenant's rent.
The tenant-signed statement of December 7, 1989 post-dates the
Administrator's November 29, 1989 order and, as a result, the
assertions in the statement about completed repairs fail to show
that this order was not warranted.
The Administrator's October 25, 1990 order was also based on
a prior (September 28, 1990) Division inspection report, which
reflected that the painting work in the living room was
unworkmanlike and the kitchen cabinets remained in need of re-
staining. Therefore, the Administrator correctly determined that
the owner had failed to restore services and properly denied the
owner's application.
The tenant-signed statement of October 31, 1990 similarly
post-dates the Administrator's October 25, 1990 order and, as a
result, the assertions in the statement about work to the cabinets
and the living room ceiling fail to show that this order was not
warranted.
DL-110065-RO/EK-110329-RO
The rent reduction remains in effect until an order restoring
rent is issued by the DHCR, pursuant to another rent restoration
application which the owner is advised to file if all repairs have
been completed.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that both petitions herein (DL-110065-RO and EK-
110329-RO) be, and the same hereby are, denied and the two orders
of the Rent Administrator under docket nos. DH-110539-S and EA-
110041-OR be, and the same hereby are, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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