DL510023RO

                                  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





          ----------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.:
                                                       DL510023RO
                    DAVID SOHAYEGH,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.:
                                   PETITIONER          DE510045OR 
          ----------------------------------x     



            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW


          The above-named owner filed a timely petition for administrative 
          review (PAR) of an order issued on November 30, 1989, concerning 
          the housing accommodations known as 609 West 191st Street, 
          Apartment 44, New York, New York, wherein the Rent Administrator 
          determined the owner's application to restore rent previously 
          reduced under Docket No. CB510393S. 

          The Commissioner has reviewed all of the evidence in the record and 
          has carefully considered that portion of the record relevant to the 
          issues raised by the petition.             

          The Rent Administrator had reduced the tenant's rent under Docket 
          No. CB510393S based on findings that the doors of two bedrooms and 
          the bathroom were defective, that the stove burners did not work, 
          that the refrigerator gasket was defective, that the freezer 
          temperature was inadequate, and that there was evidence of roach 
          and rodent infestation in the kitchen.

          The owner commenced the proceeding under review herein stating that 
          the owner had restored the services for which the rent reduction 
          was issued.  The owner indicated that the refrigerator was 
          replaced, that the doors were all fixed, and that exterminator 
          services were provided every month.  The application was submitted 
          with the Statement of Consent signed by the tenant.















          DL510023RO




          However, when the application was served on the tenant,the tenant 
          objected on the grounds that the fuse box had defective wiring, 
          that the space capacity of replacement refrigerator was not 
          adequate, and that the bathroom sink did not drain properly.

          Thereafter, the DHCR conducted an inspection of the subject apart- 
          ment.  The inspector reported that the rear stove burners did not 
          ignite, and that there was a roach and rodent infestation in the 
          kitchen.  The tenant reiterated to the inspector that the 
          refrigerator space capacity was insufficient.  

          The Rent Administrator denied the owner's application based on the 
          stove burner and vermin infestation conditions the inspector 
          reported.  The order also reflected that the apartment doors were 
          repaired, that the refrigerator was working properly, and that the 
          freezer temperature was adequate.  However, the order was silent as 
          to the tenant's objection that the refrigerator space capacity was 
          insufficient.

          In this petition for administrative review, the owner, in sub- 
          stance, reiterates the assertions below that all work was done, and 
          that the tenant consented to the request for rent restoration by 
          signing the Statement of Consent. The owner adds that extermination 
          services and stove burner repairs have again been attended to, but 
          that the tenant also has an obligation to clean adequately so that 
          the conditions do not recur.  A copy of the petition was served on 
          the tenant.

          After careful consideration the Commissioner is of the opinion that 
          the petition should be granted.

          By her signature to the Consent Statement, the tenant indicated 
          that she did not dispute the owner's assertion that the owner had  
          corrected the conditions for which the rent was reduced.  The 
          tenant's subsequent allegations concerning defective fuse box 
          wiring and a defective bathroom sink constituted new complaints.  
          Since rent restoration proceedings are limited to consideration of 
          whether the owner restored those services that gave rise to the 
          rent reduction, they were not appropriate matters for consideration 
          in the rent restoration proceedings.

          When a tenant signs a Statement of Consent and does not raise 
          questions regarding restoration of services for which rent was 
          reduced, the DHCR does not normally investigate the matters 











          DL510023RO


          further.  The record does not reveal facts which explain why the 
          Rent Administrator deviated from normal processing.  Consequently, 
          the stove defects and vermin infestation conditions must be revoked 
          as predicates for denying rent restoration.  

          The tenant properly raised below the issue of whether the replace- 
          ment refrigerator provided space capacity comparable to the 
          refrigerator removed.  However, the Rent Administrator limited the 
          determination to the fact that the refrigerator was working 
          properly and that the freezer temperature was adequate.  The 
          tenant's failure to petition for administrative review against the 
          order under Docket No. DE510045OR for not addressing this issue 
          precludes further consideration in these proceedings.  However, the 
          tenant's right to file a new complaint for this alleged services 
          decrease, as the facts may warrant, is not prejudiced by this 
          determination.

          Since this determination revokes the two conditions that provided 
          a basis to deny rent restoration, the Rent Administrator's order 
          under Docket No. DE510045OR must be revoked, and the rent restored 
          effective July 1, 1989, the first rent payment date of the month 
          following service of the owner's application on the tenant.

          DHCR records also reveal that on April 8, 1994, the Commissioner 
          issued an order dismissing a Petition for Administrative Review 
          under Docket No. EK510195RO (refile of EI510308RO) against an order 
          denying rent restoration ostensibly under Docket No. DE510045OR, 
          the proceeding under review herein.  In fact, the administrative 
          review proceedings under Docket Nos. EK510195RO and EI510308RO, 
          were against an order issued on August 25, 1990, denying the 
          owner's subsequent rent restoration application under Docket No. 
          DL510032OR.   The error may have been due to the fact the owner 
          entered the incorrect docket number in these petitions for 
          administrative review.

          Rent arrears that may be due the owner from the tenant as a result 
          of this order may be paid by the tenant in equal installments at 
          the amount of the underlying monthly rent reduction under 
          CB510393S, restored herein effective July 1, 1989.

          In addition, in light of this order, the determination under Docket 
          No. DL510032OR, which denied the owner's application for rent 
          restoration, and the PAR order under Docket No. EK510105RO, that 
          affirmed it, have been rendered moot.






          THEREFORE, in accordance with the provisions of the Rent Stabiliza- 












          DL510023RO

          tion Law and Code,it is 

          ORDERED, that this petition for administrative review be, and the 
          same hereby is, granted, and that the Rent Administrator's order 
          denying the owner's rent restoration application under Docket No. 
          DE510045OR be revoked and that the rent be restored effective July 
          1, 1989, in accordance with the above.
           

          ISSUED:





                                                                                                                         
                                                       JOSEPH A. D'AGOSTA
                                                       Deputy Commissioner


    

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