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.: EA420276RO
(Refile of DK420170RO)
WHITEYARD INDUSTRIES,
RENT ADMINISTRATOR'S
DOCKET NO.: DH420102S
PETITIONER
SUBJECT PREMISES:
325 West 21 St.
Apt. 18
New York, NY
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on October 17, 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 on August 7, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On August 15, 1989, DHCR transmitted a copy of the complaint to the
owner.
An on-site inspection of the apartment was conducted on September
27, 1989 by a DHCR inspector who confirmed that there was missing
glass on the upper half of the bedroom window.
In an answer filed on October 16, 1989, the owner stated that all
services were restored. This letter appears not to have been in the
Administrator's file at the issuance of the order.
By an order dated October 17, 1989, the Administrator directed the
restoration of services and ordered a reduction of the maximum legal
rent by $3.00 per month.
In the petition for administrative review, the owner contends that
all services were restored.
EA420276RO
In answer, the tenant wrote in a letter dated March 29, 1990 that
the defective condition was repaired subsequent to the order's
issuance.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted in part and modified accordingly.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction when there has
been a decrease in essential services, furnishings or equipment,
among other things.
Although the Administrator's determination that the owner was not
maintaining required services was based on the September 17, 1989
on-site inspection, the record shows that after the inspection and
prior to the issuance of the order appealed from, the owner filed an
answer stating that services were restored.
The Commissioner notes that by a letter dated March 29, 1990, the
tenant acknowledged the completion of repairs. Thus, rent is
restored effective March 29, 1990 and the Administrator's rent
reduction order is modified accordingly.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears shall be paid in monthly
installments which shall not exceed the amount of the monthly rent
reduction revoked herein.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby is,
modified in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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