DOCKET NO.: EH820003RO
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 : SJR 6640
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. EH820003RO
BFT FLEETWOOD ASSOCIATES, DRO DOCKET NO. YDE810309S
ORDER AND OPINION GRANTING OWNER'S PETITION FOR
ADMINISTRATIVE REVIEW IN PART
On July 20, 1990, the above-named petitioner-owner filed an appeal against
an order issued on June 15, 1990 by the District Rent Administrator, White
Pains, New York, concerning the housing accommodation known as 1360 Midland
Avenue, Apt. 2B, Yonkers, New York, wherein the Administrator reduced the
maximum legal rent of the apartment by $70.07 based on the unrefuted
individual service complaint of the subject tenant.
Said application was denied as untimely by order of the Acting Deputy
Commissioner dated August 31, 1992. The Hon. Angelo Ingrassia, Justice
Supreme Court, Westchester County on December 23, 1992 pursuant to an
Article 78 action remitted the order to Division of Housing and Community
Renewal (DHCR) for a determination on the merits.
The owner in his petition contends that he did reply to the tenant's
service complaint by letter to the tenant dated December 2, 1988. The
owner further contends that all complaints were resolved to the tenant's
satisfaction in December 1988 with the exception of painting which was
allegedly postponed at the tenant's request. Further the owner had
informed the tenant that he would only replace the kitchen countertop, if
the tenant consented to a rent increase.
The owner further alleged he timely answered the agency's service of the
tenant's complaint on him in June 1989. And that his reply was dated June
14, 1989, prior to the June 15, 1989 'default' rent reduction order.
The tenant was served with the owner's PAR and supporting documents
pursuant to the Supreme Court remit order. To date the tenant has not
responded to said mailing.
The owner in his PAR which is undisputed by the tenant contends that he
timely addressed the tenant's November 1988 complaints and further that the
tenant denied the owner access for a scheduled paint job.
DOCKET NO.: EH820003RO
The landlord contends that he inspected the apartment and took the
following action by December 1988:
1) changed ballcock in toilet to eliminate
2) checked bathroom sink and found drain to be
3) checked kitchen sink and found drain to be
4) The owner contends that the tenant has twice
postponed appointments for painting.
5) The owner contends that the countertop is
worn from normal use and age, but functions
and is not a hazard in any way
The Commissioner has reviewed all of the evidence and noted the following
conclusions. In view of the owner's timely correction of items # 1 - 3 a
rent reduction was not warranted.
Further as to item #4 the tenant has denied access for a paint job and
accordingly a rent reduction was therefore not warranted.
In regard to item #5 the owner has by his own admission found the
countertop worn and yet has refused to replace it without a consented to
rent increase. The countertop is found to be an essential service.
Accordingly the $5.00 rent reduction for the countertop is continued.
Accordingly, the Commissioner based upon the entire evidence of record
grants the petitioner's application in part by reversing the District Rent
Administrator's order in part by changing the maximum legal rent as of June
15, 1990 from $397.08 per month to $462.15. Therefore only the $5.00
reduction for item #5 "the kitchen countertops damaged" remains in effect.
The tenant is advised that if conditions 1 thru 3 have reoccurred, she may
make a new service complaint.
The tenant is further advised that if she has not yet had a paint job in
her apartment, she may again request one. The tenant is obligated to
provide reasonable access to the owner for purposes of plastering and
painting the subject apartment. If a paint job is not provided by the
landlord on the tenant's request within a timely fashion; the tenant may
then file a new service reduction complaint for rent reduction.
THEREFORE, in accordance with the State Rent Control Law, it is
ORDERED, that this petition is granted in part, and that the District Rent
Administrator's order is revoked in part as to items #1 through #4.
DOCKET NO.: EH820003RO
FURTHER ORDERED, that if there are arrears due to the owner as a result of
the instant determination, the tenant shall be permitted to pay off the
arrears in twenty-four equal monthly installments. Should the tenant
vacate after the issuance of this order or have already vacated; said
arrears shall be payable immediately.
JOSEPH A. D'AGOSTA