EK110104RO
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.: EK110104RO
JOSEPH R. MALIGIERI RENT
ADMINISTRATOR'S DOCKET
NO.: DG110388S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On November 9, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued October 2, 1990. The order concerned housing
accommodations known as Apt 131 located at 115-25 Metropolitan Ave,
Richmond Hill, 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 July 19, 1989 by
filing a Statement of Complaint of Decrease in Services wherein he
alleged, in sum, that the owner was not maintaining certain
required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on August 25,
1989 and stated, in sum, that services were either being maintained
or that the necessary repairs had been completed.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on June 4, 1990 and
revealed the following:
1. Refrigerator gasket is defective, refrigerator
handle is broken and bottom bracket that covers
bottom opening is defective,
2. Top stove burners do not automatically light and
gas escapes when oven is on,
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3. Defective floor tiles in kitchen by refrigerator,
washing machine and stove. Defective floor tiles
in bathroom. Basement floor top covering cracked
and separating at seams,
4. Evidence of rust stains in bathroom,
5. Apartment entrance door has evidence of light
coming through molding on center portion of door,
6. Master bedroom ceiling outlet is old and frayed.
All other services were found to have been maintained.
The Administrator issued the order here under review on
October 2, 1990 and ordered a rent reduction based on the report of
the inspector.
On appeal the owner states that the tenant filed a rent
reduction proceeding on August 2, 1988 which was assigned Docket
No. CH110193S. The owner argues that the physical inspection in
that proceeding contradicts the inspector's report in this
proceeding in that in Docket No. CH110193S the inspector reported
that the bathtub was not rusty, that there was no evidence of
defective or worn out wiring, and that the bathroom floor tiles
were in good condition. The owner also states that a new apartment
entrance door was installed and that light cannot possibly be
coming through. The petition was served on the tenant on November
26, 1990.
The tenant filed a response on September 14, 1990 stated that
the owner has made unworkmanlike repairs to the subject apartment.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and that the order here under review should be affirmed as
modified herein.
The Commissioner has reviewed the record in both this
proceeding and Docket No. CH110193S and finds that sufficient time
(11 months) elapsed between the inspections to explain the fact
that the inspector in this proceeding reported that services which
were being maintained in Docket No. CH110193S were not now being
maintained. A tenant may reapply for a rent reduction based on the
owner's failure to maintain services if the facts so warrant and
the finding in one proceeding that services are being maintained
does not preclude a later determination that repairs are required
for the same or similar items.
The Commissioner further finds, however, that the tenant
complained in both proceedings that the apartment entrance door is
EK110104RO
dented and warped and that the rent reduction ordered for this
condition in Docket No. CH110193S precluded a rent reduction for
the same condition in Docket No. DG110388S. Therefore, the
Administrator's finding regarding the apartment door in this
proceeding is revoked.
The automatic stay of the retroactive rent abatement which
resulted from the Administrator's order is vacated upon issuance of
this order and opinion. The Commissioner notes that the owner's
rent restoration application (Docket No. GL110110OR) has been
granted.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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