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.: ED110108RO
Nathan Katz,
RENT ADMINISTRATOR'S
DOCKET NO.: DK110222S
PREMISES: Apt. C6
47-06 45 Street
Woodside, N.Y.
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on March 23, 1990 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on November 10, 1989 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment. The complaint included
allegations, among others, of roach infestation and a leaking
toilet.
In an answer filed on December 18, 1989, the owner asserted that
the conditions were remedied. The owner submitted a copy of a
"Repair Request" signed on November 27, 1989 by the tenant stating
in relevant part that the toilet was repaired and the apartment
exterminated.
On February 21, 1990, a physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed that
the toilet flushometer was leaking water when used and there was
roach infestation in the apartment.
By an order dated March 23, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
ED110108RO
In the petition for administrative review, the owner contends in
substance that the toilet was repaired and the apartment
exterminated on November 27, 1989 as acknowledged by the tenant;
that there is a regular extermination service which the tenant
failed to avail of; and that the tenant never informed the owner
whether repairs were satisfactory or additional work was needed.
In answer, the tenant stated in substance that she wanted her rent
reduction.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part and the Administrator's
order modified accordingly.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction upon application by a tenant
where it is found that an owner has failed to maintain required
services.
Based on the tenant's signed statement that all repairs had been
completed, the owner could reasonably assume that no further action
was required and that the proceeding before DHCR would be
terminated without a rent reduction. Due process requires that the
tenant's statement, if submitted by the owner, be served on the
tenant and, if challenged, that the owner be advised that the
complaint was not being withdrawn.
In the instant case, the physical inspection revealed that contrary
to the owner's allegations and the statement allegedly signed by
the tenant, the necessary repairs were not done and could not
possibly have been done properly on November 27, 1989 if three
months later, the toilet flushometer was leaking water when used
and there was roach infestation in the apartment. A rent reduction
for these conditions is required pursuant to Section 2523.4 of the
Rent Stabilization Code, but because of the failure to verify the
tenant's signature on the copy of the "Repair Request" or to advise
the owner that the complaint was not being terminated, the
effective date of the rent reduction is hereby modified to April 1,
1990, the first of the month following issuance of the
Administrator's order, when the owner had actual knowledge that the
complaint was still active and that DHCR's physical inspection
revealed the need for additional repairs.
The Commissioner notes that the owner's rent restoration
application (EE110065OR) was granted on December 11, 1990. Rent
arrears may be due the owner from the tenant as a result of this
Order and Opinion. Any arrears shall be paid in monthly
ED110108RO
installments which shall not exceed the amount of the monthly rent
reduction revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the Administrator's order be, and the same hereby
is, modified accordingly.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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