STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
------------------------------------x SJR 7274 and 7300
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ED420139RO
28th Street Investors Co.,
DOCKET NO.: CK420403S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
On April 26, 1990, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
April 11, 1990, by the Rent Administrator, concerning the housing
accommodation known as 137 East 28th Street, Apt. 6A, New York,
N.Y., wherein the Administrator determined that the ceramic wall
tiles in the bathroom were cracked, reduced the rent in the amount
of $4.50 per month and directed the owner to restore the service.
Subsequent thereto, the owner proceeded to Court, deeming its
petition denied. The court remitted the matter to the agency with
a directive to render a determination on the PAR within 90 days of
February 16, 1994.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of a decrease in services alleging that his bathroom wall
tiles have not been repaired.
An inspection conducted by a DHCR staff inspector on April 2, 1990
confirmed the portion of the complaint relating to the bathroom
wall tiles and an order reducing the rent by $4.50 was issued.
In the PAR, the owner states that the tenant prevented repairs from
being made by denying access, that the managing agent and owner's
contractor have spoken with the tenant on several occasions but
could not arrange a time for the repair, and that the tenant should
be ordered to give specific dates for repair or be barred from
receiving relief from the Division.
In response to the owner's PAR, the tenant states that the owner's
managing agent has visited the apartment in reference to other
repairs but would make no commitment to repair the wall tiles and
that the owner's contractor has visited the apartment with respect
to the wall tiles but also would make no appointment. The tenant
disputes the statements of the owner's contractor and agent
regarding their attempts to gain access to the tenant's apartment
and asks that the owner's PAR be denied.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
A reduction in rent for the bathroom wall tiles was reinstated as
a result of the Commissioner's order and opinion in Admin. Rev.
Dkt. No. DF420231RT. Accordingly, the Administrator's order
hereunder review is revoked on the basis that a rent reduction for
this condition is already in effect under Docket No. BD420618S.
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, 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,
JOSEPH A. D'AGOSTA