DA410107RT
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.: DA410107RT
BERNICE DIAMOND RENT
ADMINISTRATOR'S DOCKET
NO.: CF420074OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 3, 1989 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 22, 1988. The order concerned housing
accommodations known as Apt. 6-C located at 127 Ludlow Street, New
York, N.Y. The Administrator granted in part the owner's
application for rent restoration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on June 16, 1988 by filing
a rent restoration application seeking restoration of rent that had
been reduced in the order bearing Docket No. BE420236S. The
Commissioner notes that the Administrator had reduced the tenant's
rent based on findings of no exterminator service being provided,
leaking bedroom radiator valve and inoperative bell and buzzer
system. The owner stated in the application that exterminator
services are provided on a monthly basis but the tenant insists on
service on Saturdays only, that the building was built in 1936 and
never had a bell and buzzer system, and that the radiator was
replaced. The tenant was served with a copy of the application and
afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on November 14, 1988. The
inspector reported that there was no bell and buzzer system in the
building. The inspector also reported that the bedroom radiator
valve was repaired and that, while there was no evidence of
exterminator being provided in the building, a sign regarding
exterminator services was posted in the lobby. The inspection also
noted that there were signs of infestation.
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The Administrator issued the order here under review on
December 22, 1988. The application was granted in part to the
extent of ordering partial rent restoration of $6.00 per month with
the owner given leave to refile for the remaining $3.00 per month
when the bell and buzzer system was repaired.
On appeal the tenant states, in sum, that exterminator
services have not been restored notwithstanding the posting of the
sign reported by the inspector. The petition was served on the
owner on February 6, 1989.
The owner filed a response on February 26,1989 and stated that
an exterminator service has been hired but that the tenant insisted
that exterminating be done only on Saturdays. The owner states
that the exterminator will be available on the first Saturday of
each month.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted.
The Commissioner is of the opinion that the posting of the
sign regarding the availability of exterminator service is not a
substitute for evidence that such service is actually being
provided in the building. The inspector reported that there was no
evidence of exterminator services being provided in the building
other than the aforementioned sign and that there was evidence of
infestation. The Administrator should not have granted rent
restoration regarding the exterminator based on the inspector's
report. The Administrator's finding regarding the radiator valve
is affirmed.
The Commissioner notes that the owner's reapplication for rent
restoration, which was assigned Docket No. GD420074OR, is pending
before the DHCR. A copy of this order and opinion will be
forwarded to that file so that restoration of exterminator services
can be determined therein.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City it is
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ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified herein to revoke the $4.00 rent
restoration for exterminator service.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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