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
APPEALS OF DOCKET NO.:
PETITIONER DH 230247-OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 31, 1990, the above-named petitioner-owner filed a peti-
tion for administrative review against an order issued on July
11, 1990, by a Rent Administrator, Gertz Plaza, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodation
known as 590 Williams Avenue, Brooklyn, New York, Vario s Apart-
ments, wherein the Administrator denied the owner's rent
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
The record reveals that on August 7, 1989, the owner filed appli
cations to restore rent that had been reduced for all apartments
in the subject building by orders issued on May 7, 1987. Those
orders reduced the rent based on a physical inspection which
"There is evidence of vermin infestation
throughout the building, and in the basement,
with large holes in the flo r boards through-
out the apartment; requires exterminating and
repairing to the holes in the floors."
The rent reduction proceeding was commenced when the Bureau of
Pest Control advised this agency that an inspection on December
3, 1986 revealed that rat excrement and roaches were detected in
Apartments D2, A2, and A3 and no access had been gained to the
A copy of the notice from the Bureau of Pest Control was sent to
the owner by the Administrator on February 20, 1987 with a
directive to correct the cited conditions and submit proof in the
form of exterminator's call slip or affidavit; and affidavits of
workmen or mechanics, together with a statement from the
The owner submitted a copy of a work order from an exterminator,
stating that the entire building had been exterminated on
February 3, 1987.
A Division of Housing and Community Renewal (DHCR) inspector
visited the premises on April 20, 1987 and reported evidence of
rat infestation and holes in the floor in Apartments A3 and D2
and in the boiler room in the cellar.
Orders were issued on May 7, 1987 reducing the rent y a guide-
line for all rent stabilized tenants in the subject building
effective March 1, 1987 and by $10.00 per month for the one rent
controlled tenant, effective June 1, 1987.
On December 1, 1987, the owner filed an application to restore
rent (DB 220086-OR) and included a letter from the Bureau of
Pest Control dated January 27, 1989 stating that an inspection on
July 8, 1987 revealed that violations of the Health Code had
been satisfactorily removed and the violations were decertified.
On February 18, 1989, the owner was instructed by the Rent
Administrator to submit one original and a copy of the rent
restoration application (RTP-19) for each rent controlled tenant.
The owner responded that there was only one rent controlled
tenant (Apt. B3).
A DHCR inspector visited the premises on July 5, 1989 and
reported that there was no evidence of vermin infestation in the
building or in the basement and there was no evidence of vermin
infestation or holes in the floor boards in Apt. B-3.
On July 31, 1989, the Administrator issued a rent restoration
order for Apartment B-3 only, restoring the $10.00 per month rent
reduction effective August 1, 1989.
On August 7, 1989, the owner filed another rent restoration
application for all the rent stabilized tenants in the building.
The application was mailed to the tenants on November 29, 1989
and several tenants responded, objecting to the application on
the ground that the owner had not made needed repairs.
Another inspection of the premises was conducted on May 18, 1990.
The inspector reported that there was no evidence of infestation
in the basement and public areas and no evidence of holes in the
basement floor or in the public areas. However, the inspector
did find holes and cracks in walls, baseboards, and floors and
evidence of roach and mice infestation in Apartments A4, A5, B4,
B5, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5, and D6. Access
was not obtained to Apartments A1, A2, A3, B1 and B2.
Based on the inspection report, the owner s application to re-
store rent was denied on July 11, 1990.
In the petition for administrative review, the owner states that
she has been trying for many years to get the rent restored, that
she has an exterminator come every month, and that all holes and
cracks in walls and floor boards were repaired.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that petition should be granted in
A review of the procedural history of this case reveals that the
initial notification from the Bureau of Pest Control concerned
rat excrement and roaches in only three apartments (A2, A3 and
D2). The subsequent DHCR inspection found infestation of rats
and mice only in Apartments A3,, and D2 as well as evidence of
rats in the boiler room. Since it was these conditions that
resulted in the rent reduction order, it is these conditions only
that the owner needed to repair in order to satisfy t e require-
ments for restoration of the rent.
The physical inspection on May 18, 1990 revealed no evidence of
infestation in the basement or public areas. Based on this
inspection, the owner's rent restoration application should have
been granted, effective December 1, 1989, for all tenants except
those whose apartments were inspected in the rent reduction pro-
ceeding and found to be infested. Of those apartments only
Apartment D2 was found in the May 18, 1990 inspection to have
mice and roach infestation and the rent reduction should remain
in effect for that apartment only.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted
in part and the Rent Administrator's order be, and the same
hereby is, revoked except as to Apartment D2 and the owner's rent
restoration application be, and the same hereby is, granted,
effective December 1, 1989, the month following service of the
application on the tenants, except for Apartment D2.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner