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.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on December 6, 1989, concerning the
housing accommodations known as 184 Green Street, Apartment 3-R,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
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 this proceeding by filing a complaint as-
serting that the owner had failed to maintain certain services in
the subject apartment. The tenant alleged that water pressure was
not adequate and that there was no air vent in the bathroom.
In an answer, the owner, in pertinent part, denied the allegations
set forth in the complaint, or otherwise asserted that all required
repairs had been or will be completed.
Thereafter, the Division of Housing and Community Renewal (DHCR)
conducted an inspection of the subject apartment. The DHCR
inspector reported that an air vent had been installed in the
bathroom, but that there was evidence of water leaking into the
system when it rained.
The Rent Administrator ordered a rent reduction based on the
finding of vent system water leaks and further, directed the owner
to correct the condition.
In this petition for administrative review, the owner, in substance
argued that the order should be reversed because said leak was not
part of the tenant's complaint, and that the owner did not have
notice of the condition.
The tenant responded that the vent system was installed as the lack
thereof was in violation of the Housing Maintenance Code and for
which a violation report was issued on May 1, 1989, that there was
a leak in the bathroom at the time of the complaint, and that the
owner had been so advised.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
An inspection confirmed that the owner had addressed the tenant's
original complaint, in that there was an air vent in the bathroom
at the time of the inspection. The Rent Administrator's order
granting a rent reduction based on evidence of a leak in the vent
went beyond the allegation of the complaint. Moreover, the owner
did not receive notice of the leak condition in the proceedings
below. Consequently, the rent reduction was improper and must be
revoked. The fact that the rent reduction is revoked does not
obviate that the owner's obligation to correct the condition, if
not done so already.
Rent arrears due the owner from the tenant as a result of this
determination may be paid by the tenant in monthly installments
equal in amount to the monthly rent reduction revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby is,
revoked, as provided above.
LULA M. ANDERSON