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.:
EB610036RO
Arthur Court Realty/ RENT ADMINISTRATOR'S
3535 DeKalb Ave. Assoc., DOCKET NO.:
DA610382S
PETITIONER PREMISES: Apt.1F
3535 DeKalb Ave.
Bronx, NY
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on January 16, 1990 concerning the
housing accommodations relating to the above-described docket
number.
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 in this petition.
The tenant commenced the proceeding on January 25, 1989 by filing
a complaint asserting that the bathroom had a leak from the F line;
there was a hole in the wall as a result of the leak; and the
bathroom needed plastering and painting. The tenant submitted a
copy of a letter sent to the owner by certified mail, indicating
the owner's knowledge of the leak and long neglect of the situation
despite repeated phone calls and direct communication with the
building superintendent.
In answer, the owner asserted that "all repairs were done to the
tenant's satisfaction" and submitted a copy of a work invoice dated
March 1, 1989 signed by the tenant, indicating that the bathroom
was plastered and painted. The record fails to disclose that this
work order was served on the tenant.
Thereafter, a physical inspection of the subject apartment was
conducted on December 29, 1989 by a DHCR staff member who confirmed
that the east wall and ceiling of the bathroom were water-damaged.
EB610036RO
By an order dated January 16, 1990, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends in
substance that the conditions were repaired per the March 1, 1989
work order signed by the tenant.
In answer, the tenant stated in substance that the owner took a
long time to address the complaint and repaired in an unworkmanlike
manner.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part, and the
Administrator's order modified accordingly.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The petition does not establish any basis to revoke the
Administrator's determination based on the December 29, 1989
inspection which confirmed the existence of remaining defective
conditions, resulting from unworkmanlike repairs. These remaining
defective conditions warrant a rent reduction.
However, the Commissioner finds that the Administrator erred by
failing to serve the March 1, 1989 work order on the tenant.
Accordingly, the Commissioner grants the owner's petition in part
to the extent that rent reduction is effective on the rent payment
date of the month following the issuance of the Administrator's
order.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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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