DJ230494RO, DJ230110RO
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.:
DH230494RO
DJ230110RO
Ernest Jeremias,
RENT ADMINISTRATOR'S
DOCKET NO.:
CK230031B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On August 23, 1989, the above-named petitioner-owner filed timely
petitions for administrative review of an order issued August 18,
1989 concerning the housing accommodation known as 2302 85 Street,
building-wide, Brooklyn, New York, wherein the Administrator
determined that the owner had failed to maintain certain services
and ordered a reduction of rent. The petitions, which are
identical, were docketed under the two numbers above and are
consolidated here for determination.
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.
This proceeding was commenced by the filing by several tenants of
a complaint of decrease in services building-wide dated November
14, 1988. The complaint stated that the elevator has been out of
service for 18 days in whole or in part, and that there are
exterior brick leaks in 10 apartments which were listed.
The owner was served with the tenants' complaint and in response
advised that the brickwork is being pointed, that he visited and
inspected the 10 affected apartments, that some tenants advised
that they had not signed the complaint, that a small amount of
seepage was found in one apartment and it was scheduled for repair,
that in essence, the remaining tenants advised that they had no
complaints, or were willing to schedule a later time. As for the
DJ230494RO, DJ230110RO
complaint regarding the elevator, the owner's answer denied the
lack of elevator service on certain dates or advised that a
specific repair was being made and the length of time involved.
Thereafter on May 31, 1989 an inspection was conducted to determine
the working condition of the elevator and whether "there is a
leaking problem in the hallways".
On August 18, 1989 the Administrator issued an order reducing the
rent for the leaking problem in the 6th floor hallway ceiling. The
elevator service was found to have been restored.
In the PAR, the owner states that the tenants never complained of
this condition but, nevertheless, the repair was made and the rent
should be restored.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
The tenants' complaint reported exterior brick leaks in several
apartments, but the Division's staff inspector was instructed to
check for leaks in the hallways. The owner correctly asserts that
the condition found is not sufficiently related to the condition
complained of to put the owner on notice of the condition that was
ultimately found.
THEREFORE, in accordance with the City Rent Law, the Rent and
Eviction Regulations, and the Emergency Tenant Protection Act of
1974, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby is,
revoked.
Any rent arrears which may be due as a result of this order may be
repaid in equal monthly installments in the amount of the monthly
reduction taken under the rent reduction order, herein revoked,
until each tenant's arrears are eliminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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