STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DL220243RO
Julius Nowak, Agent,
DOCKET NO.: DD220147OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on November 9, 1989, concerning the
housing accommodation known as 957 Greene Avenue, Apartment D9,
Brooklyn, New York, wherein the Rent Administrator determined the
owner's rent restoration application.
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.
In the rent reduction order under CI220333S, the Rent Administrator
reduced the tenant's rent based on findings of low water pressure
in the toilet, loose wires in the hall light socket and bathroom
wall fixtures, and water leaks around the kitchen sink area.
The owner commenced the rent restoration proceeding under review
herein by filing an application asserting that all services for
which the rent reduction order was issued had been restored.
The tenant filed an answer that disputed the owner's claim of
repairs as to the low water pressure condition of the toilet, but
acknowledged that other conditions had been corrected.
The DHCR conducted an inspection that revealed that the toilet
water pressure was adequate, but that, while the bathroom fixtures
had been repaired, further repairs were needed for the "loose
socket or wires in light fixture."
The Rent Administrator granted a partial rent restoration, and
advised the owner to refile for the remaining part of the rent
reduction when the condition of loose wires in the bathroom light
fixture had been corrected.
In the petition for administrative review, the owner asserts, in
substance, that the defective light fixture was replaced, and that
the tenant had not advised the owner of any further defects. The
owner also suggests that the inspector's report was based on the
inspector's lack of familiarity with this pull and chain type
The tenant responded that the light fixture had begun to flicker
two days before the date of the inspection.
DHCR records also indicate that the Rent Administrator issued an
order on September 27, 1991 under FB220150OR restoring
prospectively that part of the rent which remained reduced pursuant
to the order appealed herein.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be granted.
The tenant's response to the owner's rent restoration application
acknowledged that the owner had replaced the defective light
fixture that had given rise to the rent reduction. Normally, if a
tenant answers that a service reduction issue has been resolved,
the rent is restored without an inspection.
In addition, the tenant's response to the owner's petition
acknowledged that the defects the inspector observed arose a mere
two days prior to the inspection.
In light of the facts in the case, the Commissioner finds that the
defects reported in the rent restoration proceedings were new
conditions that did not relate to the underlying rent reduction
order and that the Rent Administrator should have granted the
owner's application in its entirety. The remaining $4.00 rent
reduction for the defective bathroom light is restored effective
December 1, 1989.
Rent arrears due the owner from the tenant as a result of this
order may be paid by the tenant in monthly installments equal to
the rent reduction restored herein.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that the petition be and the same hereby is granted and
that the Rent Administrator's order be amended to reflect
restoration of the remaining $4.00 rent reduction, as provided
LULA M. ANDERSON