EH610192RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EH610192RO
PARKCHESTER MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: DC610163S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING RENT ADMINISTRATOR'S ORDER
On August 20, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 18, 1990. The order concerned housing
accommodations known as Apt. 1G located at 1410 Wood Road, Bronx,
N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on March 9, 1989 by
filing a Statement of Complaint of Decrease in Services wherein she
alleged, in substance, that the owner was not maintaining certain
required apartment services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on July 2,
1989 and stated, in sum, that the required repairs had been made
and that the tenant acknowledged in writing in a statement dated
May 15, 1989 that no further repairs were necessary in her
apartment.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 23, 1990 and
revealed evidence of roaches in the kitchen, water stained foyer
ceiling between the bathroom and living room and peeling bathroom
east wall. All other services were found to have been maintained.
The Administrator issued the order hereunder review on July
18, 1990 and ordered a rent reduction based on the inspector's
report.
EH610192RO
On appeal the owner states, in relevant part, that the tenant
acknowledged in writing that the required repairs were completed
and that the order here under review should not have been issued.
The petition was served on the tenant on September 5, 1990.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order hereunder review should be affirmed as
modified herein.
The Commissioner is of the opinion that the record establishes
that the signed work orders submitted by the owner establishes the
fact that repairs were actually performed, even though some
conditions still remain. Therefore, the Commissioner is of the
opinion that it was reasonable for the owner to conclude that all
required work was satisfactorily performed. The effective date of
the rent reduction is modified to be the issuance date of the order
appealed herein, when the owner was put on notice of the defective
conditions which were not completely and effectively repaired.
The automatic stay of the retroactive rent abatement which
resulted by the filing of this petition is vacated upon issuance of
this order and opinion. The Commissioner notes that the owner's
rent restoration application (Docket No. EJ610202OR) has been
granted by the Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Rent Administrator's order be, and
the same hereby is, affirmed as modified herein. Any arrears owed
by the tenant as a result of the Commissioner's determination
herein may be paid off in twelve (12) equal monthly installments or
immediately if the tenant vacates.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
EH610192RO
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