EH220039RT
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.: EH220039RT
Paula Gelender,
RENT ADMINISTRATOR'S
DOCKET NO.: DH210168OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on July 18, 1990 concerning the housing
accommodations known as 1177 East 98th Street, Apt. D5, Brooklyn,
New York, wherein the Rent Administrator determined the owner's
application to restore rent, previously reduced per Docket No.
BJ210427S based on finding that the bell/buzzer system was
defective.
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 owner commenced these proceedings by filing a rent restoration
application, asserting that the owner had repaired the bell/buzzer
system defects upon which the rent reduction order had been issued.
A copy of the application was served on the tenant.
On May 11, 1990 the DHCR conducted an inspection of the subject
premises. The DHCR inspector reported that the bell was operating
properly, but that while the intercom was operating properly from
the apartment to the lobby, it was not operating from the lobby to
the apartment in that there was no sound.
Notice of the results of the inspection was sent to the owner who
responded that a new intercom system was installed in June 1990 and
was operating properly. The owner submitted a bill from the
intercom system contractor.
The Rent Administrator granted the owner's application and restored
the rent effective November 1, 1989. The Rent Administrator's
EH220039RT
order noted that the "inspection held on May 11, 1990 and evidence
in the file reveals apartment entrance door bell is operating
properly and new intercom system has been installed."
In the petition for administrative review, the tenant questions why
the restoration was effective November 1, 1989 when service was not
restored until June 22, 1990, and requests that the rent
restoration date be modified.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
In the underlying rent reduction proceedings, the tenant had
complained that the buzzer system could not be heard in the
apartment and that the tenant could not be heard in the downstairs
intercom. The inspector had reported that the sound was not
audible.
The evidence in the rent restoration proceedings established that
the conditions that gave rise to the rent reduction, in fact, were
not corrected until June 1990. The owner filed a rent restoration
before the service was restored fully. Accordingly, the effective
date of the rent restoration is amended to July 1, 1990, the first
day of the month following the date service was restored.
Any excess rent paid by the tenant shall be credited to the tenant
in full, commencing with the rental payment immediately following
the issuance of this order.
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,
modified to amend the effective date of rent restoration to July 1,
1990.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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