EH 620186 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.: EH 620186 RO
DISTRICT RENT ORDER
Arth Management, DOCKET NO.: DC 620145-S
Premises: 2254 Cedar Avenue
Bronx, New York
ORDER AND OPINION GRANTING 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.
On March 6, 1989, the tenant commenced the proceeding below by
filing a complaint of decrease in services asserting that the
following defective conditions existed in the subject apartment,
to wit: peeling paint in the bedroom, crack in the bathroom
ceiling, busted refrigerator seal, refrigerator light and freezer
that didn't work properly.
In its answer dated April 11, 1989, the owner stated in pertinent
part that the tenant had refused access to the subject premises,
inhibiting its ability to effectuate repairs.
On April 23, 1990, an inspection of the subject premises was
conducted by an Agency inspector. The inspection report stated
that the entire [set of] bedroom walls and the bathroom ceiling
were cracked and had peeling paint and plaster; the refrigerator
door gasket was worn out and the door had a crack inside; the
refrigerator light fixture was inoperable.
On June 13, 1990, the Administrator served the owner with a
request for additional information and evidence and a copy of
DHCR Policy Statement 90-5. The owner was afforded twenty days
to submit the evidence set forth in said Policy Statement.
The owner did not respond to the aforesaid request for additional
information and evidence.
On July 13, 1990, the Administrator issued an order, based upon
the physical inspection, reducing the maximum legal rent by
$34.00 per month, effective on the first rent payment date
following the issue date of the order. The order itemized the
EH 620186 RO
rent reduction as follows: for the bedroom walls which were found
to be cracked with peeling paint and plaster $5.00; for the
bathroom ceiling which was found to be cracked with peeling paint
and plaster $5.00; for the refrigerator defects $13.00.
In its petition for administrative review, the owner states, that
the total rent reduction is $23.00, not $34.00.
In his answer to the owner's petition, the tenant states that a
representative of the DHCR's Fordam Plaza Office told him to use
the $34.00 per month rent reduction on the front page of the
order. In addition, the tenant states that the landlord has not
fixed any of the problems.
The Commissioner is of the opinion that the petition should be
A review of the record below discloses that the correct amount
of the rent reduction was $23.00 per month.
On January 18, 1991, under docket number EK 620014 OR, the
owner's application to restore the rent was granted. If the
owner has already complied with Administrator's order reducing
the rent, and there are arrears due to the owner as a result of
this instant determination, the tenant shall be permitted to pay
off the arrears in twelve monthly installments. Should the
tenant vacate after the issuance of this order, or have
previously vacated, said arrears due shall be payable
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is
ORDERED, that this petition be, and the same hereby is, granted
and the District Rent Administrator's order be, and the same
hereby is, modified as set forth above, and, as so modified,