EC 510075 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EC 510075-RO
JAMES WOODRING, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DA 510285-S
72-74 Vermilyea Ave., Apt. 1D
PETITIONER New York, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued 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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
on the subject premises. Amongst the complained of conditions: an
unsafe front door which was unlocked, holes in most of the walls,
mice and roach infestation.
In his answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required repairs
had been or would be completed.
Thereafter an inspection of the subject premises was conducted by
a D.H.C.R. inspector. The inspector stated in his report that
there was no evidence of any defects to the entrance or vestibule
door. The inspector went on to state in his report that the
apartment door and frame were replaced, but the frame had gaps.
In addition, the inspector stated in his report that the subject
premises had live roaches, a hole in the kitchen, cracks in the
hallway and bathroom walls, peeling paint and plaster on the
bathroom ceiling and peeling paint on the master bedroom wall.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In the petition, the owner requests that the Rent Administrator's
order be reversed. The owner states, in substance, that an
exterminator is at the building every month and the inspectorial
EC 510075 RO
finding of gaps in the apartment door frame was not part of the
tenant's complaint. The owner also states, in substance, that the
subject apartment was painted after the complaint was filed, and
the hole, cracks, peeling paint and plaster found in various rooms
of the subject apartment were de minimus when compared with the
other items in the complaint.
The Commissioner is of the opinion that the petition should be
The owner's contention regarding extermination services are belied
by the inspection report below, which stated that the subject
premises had live roaches.
The owner's contention regarding the gaps in the apartment door
frame is without merit. There is a logical connection between the
complaint of an unsafe front door and gaps in the door frame. The
complaint, and the inspectorial finding that the door and frame
had been replaced, and that the frame had gaps imply that the
owner did not fulfill his obligation to perform repairs in a
The owner's contentions regarding the hole, cracks and peeling
paint and plaster found in various rooms of the subject premises
are also without merit. The inspection report below establishes
that none of the defective conditions found upon physical
inspection were de minimus. In addition, the owner's petition
does not make clear whether it is the owner's contention that the
apartment was painted before the apartment was inspected or before
the order was issued, or whether the contention is that the
apartment was painted following the issuance of the Rent
Administrator's order. If it is the former, then the owner's
allegation is belied by the report of the agency inspector. If it
is the latter, then the Rent Administrator's order reducing the
rent was correct when issued.
Based on a preponderance of the evidence, the owner has offered
insufficient reason to disturb the Rent Administrator's order, and
it should be affirmed.
This order is issued without prejudice to the owner's right to
file an application for a restoration of rent, based on a
restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA