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