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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DD110085RO
SJL Indiana Co.,
RENT ADMINISTRATOR'S
DOCKET NO.: BL110114S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 28, 1989 the above-named petitioner-owner filed a petition
for administrative review of an order issued on February 27, 1989,
by the Rent Administrator concerning the housing accommodation
known as 67-25 Dartmouth Street, Apt. 7P, Forest Hills, New York,
wherein the Administrator determined that the owner had failed to
maintain apartment services and ordered a reduction in rent.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The proceeding was commenced by the filing of a complaint by the
tenant of a decrease in apartment services which was dated December
14, 1987. The complaint raised numerous conditions including
peeling paint and plaster, warped windows, bathroom leaks, and
apartment in need of painting having not been painted in four
years.
The owner was served with a copy of the tenant's complaint and
responded that it was being investigated and required repairs would
be made.
The tenant was requested by the Division to verify that repairs
were made. The tenant responded on August 16, 1988 that repairs
were made, the paint job was bad and the windows either stick or
slide down. Thereafter, inspections were conducted by DHCR Staff
inspectors on September 27, 1988 and on January 24, 1989 and
confirmed that the painting of the apartment was unworkmanlike
resulting in the order herein appealed.
In the PAR, the owner states that the administrator's order is
arbitrary and an abuse of discretion, that the manner of painting
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is not significant in view of the conditions which were found by
the order to have been restored, including leaks repaired, that in
the absence of an inspection report the owner cannot determine what
is classified as "gross unworkmanlike", that the manner in which a
service is rendered does not rise to the level of a failure to
provide a service, that the owner should not be required to paint
the interiors of closets as tenants often do not want to remove
their belongings, and that the front door frame cannot be painted
unless the tenant is willing to leave the door open for most of the
day.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The inspection report dated January 24, 1989 indicated that the
paint job in this apartment was poor, that moldings had been left
unpainted, that areas of plaster that were painted over needed
scraping, that leak damage was showing through in places, that
there was cracked and falling plaster, and that the sides of doors,
the entrance door frame, and the inside of kitchen cabinets were
not painted at all.
The previous inspection dated September 27, 1988 indicated that
there was peeling paint and plaster in various places, that areas
of peeling paint were painted over, that there are some water
stains, that the inside of kitchen cabinets, the foyer walls, and
the hallway throughout the apartment have areas which were not
painted or show the old paint through the new.
In view of the foregoing, the Commissioner finds that it was proper
for the Administrator to rely on the results of the two inspections
in determining the outcome in this case.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined, based on a
physical inspection, the existence of defective conditions in the
subject apartment, that the owner was not maintaining required
services and that a rent reduction was warranted.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
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that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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