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.:DJ420018RO
Haber Realty Company/ RENT ADMINISTRATOR'S
Holex Realty Company, DOCKET NO.:DF420528S
SUBJECT PREMISES:
11 Hillside Ave.
Apt. B1
New York, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on September 19, 1989 concerning the
housing accommodations relating to the above-described docket
number.
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 petition.
The tenant commenced this proceeding by filing a complaint dated
June 19, 1989, asserting that the owner had failed to prevent the
water from damaging her apartment as a result of spillage and leaks
from a neighboring apartment.
In answer, the owner asserted in substance that the painters came to
do off-white the ceiling but the tenant wanted "avocado"; that the
tenant was not satisfied when "avocado" was used; and that all other
repairs were completed.
Thereafter, on August 31, 1989, a physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed that
the living room ceiling and walls were peeling paint and plaster;
and that the bathroom ceiling was repaired but not painted.
By an order dated September 19, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the original
complaint did not allege a defective paint condition in any room;
and that the tenant refused access to complete the painting.
In answer, the tenant submitted various photos of the water-damaged
walls, ceiling and floors in her apartment, indicating the
deterioration of these conditions.
DJ420018RO
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
an August 31, 1989 physical inspection which confirmed that the
living room ceiling and walls were peeling paint and plaster, and
that the bathroom ceiling was repaired but not painted.
The allegation that the tenant did not originally complain of any
defective paint condition is without merit. Repairing in a
workmanlike manner the water damage in the walls and ceiling
requires stopping the spillage and leaks and painting, which
apparently was not effectively addressed by the owner as confirmed
by physical inspection. Additionally, the owner answered the
complaint stating that painters came to do the tenant's apartment
but the tenant was not satisfied.
The assertion that the tenant refused access is unsubstantiated and
without merit. The record establishes that access was made, though
repairs were done in unworkmanlike manner.
The owner may file for a rent restoration if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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