DHCR Decisions
EB410011RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EB410011RO
Manhattan Realty,
RENT ADMINISTRATOR'S
DOCKET NO.: CL410562S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 2, 1990, concerning the
housing accommodations known as 330 East 43rd Street, Apartment
304, New York, 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 in January 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment. There is no record that the
owner filed an answer.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR observed and reported that the living room and
hallway were peeling paint and plaster. The inspector also
reported that other services complained of were repaired.
The Rent Administrator directed the owner to correct the defective
conditions and further, ordered a reduction of the stabilization
rent.
In this petition for administrative review, the owner requests, in
substance, that the rent reduction order be reversed on the ground
that the conditions found did not arise until September or October
1989, after the apartment was painted.
In an answer the tenant acknowledges that the living room wall
defects occurred during the summer of 1989 and that the various
EB410011RO
conditions cited in the complaint were cured as of April 1990.
However, the tenant argues that the rent reduction was warranted
since she had to endure the defective conditions for a considerable
amount of time.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
An examination of the record reveals that the tenant's complaints
neither cited the defective conditions found nor suggested a
proximate cause therefor. The tenant complained of peeling paint
in the kitchen only, which was not confirmed. The Commissioner
finds, therefore, that the order went beyond the allegations of the
tenant's complaint. Moreover, since the peeling paint and plaster
in the living room and hallway condition were the only defective
conditions confirmed on inspection, the rent reduction granted must
be revoked.
Concerning the tenant's argument that the rent reduction was
warranted because the tenant was deprived of various other services
for an extended period, the Commissioner notes that the DHCR will
not normally grant a rent reduction for a complaint of decreased
services where, as here, the Rent Administrator can properly
conclude from the evidence presented that repairs were made and
that services were restored and were being provided at the time a
determination was rendered.
Any rent arrears due the owner from the tenant as a result of this
order may be paid in installments equal to the amount of the
monthly rent reduction revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
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, in accordance with the above.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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