DOCKET NO. EL-410361-R
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. EL-410361-R0
:
RUDEL REALTY COMPANY, : D.R.O. DOCKET NO. DH 410669 S
C/o PINE MANAGEMENT, :
:
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 20, 1990 the above-named petitioner-owner re-filed a
Petition for Administrative Review against an order issued on
September 24, 1990 by an administrator, concerning the housing
accommodations known as 25 West 87th Street, Apartment 1-R,
New York, New York wherein the rent was reduced due to a
diminution of services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raise by the administrative appeal.
On August 23, 1989 the tenant filed an application for a rent
reduction based on the owner's alleged failure to maintain
services, asserting that the owner had not painted the apartment,
had failed to repair the lock on the door of the apartment house,
and that there were large gaps around the radiator and wall under
the living room window.
On September 26, 1989, the owner interposed an answer to the
tenant's complaint wherein he alleged that repairs would be
effectuated within two days of the date on which the tenant had
finally agreed to permit access.
The Division scheduled an inspection of the subject premises for
August 3, 1990, requesting that the inspector check for 1) peeling
paint and plaster, 2) the apartment front door lock, and 3) holes
and gaps in the wall near the living room window and radiator. The
inspector reported that on August 1, 1990 the tenant called the
Division and stated that "the three items on this request were
repaired and no inspection was necessary at this time." The tenant
also added that the inspection request erroneously failed to include
the hole in the floor under the radiator but that a new request
would be filed for this item.
On August 7, 1990 the tenant sent a letter to the inspection unit
DOCKET NO. EL-410361-R
confirming the discussion with the inspector to the effect that the
inspection request did not include the floor which was mentioned in
the original complaint.
On September 24, 1990, with no further investigation, the District
Rent Administrator issued the order here under review finding that a
diminution of services had occurred and ordering a rent reduction.
The order stated that based on an inspection, the rent was being
reduced for a "cracked floor under living room radiator."
In the petition for administrative review, the owner requests
reversal of the Administrator's order asserting that the tenant has
withdrawn the original complaint. A copy of the letter dated
November 13, 1990 signed by the tenant, was enclosed in which the
tenant states that all repairs have been completed and that he
wished to have his complaint withdrawn and the rent reduction order
rescinded.
The Commissioner was of the opinion that this petition for
administrative review should be granted.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code:
A tenant may apply to the DHCR for a reduction of the
legal regulated rent to the level in effect prior to
the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it
is found that the owner has failed to maintain
required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
In the instant case, there is no basis for the Administrator's
determination that the owner was not maintaining required services.
The record indicates that as a result of the tenant's telephone
call to the inspector on August 1, 1990, the inspection scheduled
for August 3, 1990 never took place. Nor is there any indication
that a subsequent inspection was requested or occurred to address
the omission in the first request regarding the floor. It is
impossible to discern how the Administrator concluded that the floor
under the radiator was cracked when the only reference to the matter
is contained in a statement made by the tenants in communication
with the Inspection Unit.
Since the tenant has confirmed that all repairs have now been
completed and has expressed a desire to withdraw the complaint, the
Commissioner is of the opinion that the rent reduction order, which
was not based on a physical inspection anyway, should be revoked.
Should there be arrears owing to the owner as a result of this order
and opinion the tenant shall be permitted to pay off such arrears in
twelve equal monthly installments beginning with the first rent
payment date after issuance of this order and opinion.
DOCKET NO. EL-410361-R
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted, and
the Rent administrator's order be, and the same hereby is, revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: EL-410361-RO
DRO Docket No/Order No.: DH 410669 S
Tenant(s): C. LELAND OLDS
Owner: HAROLD PINE/RUDEL REALTY COMPANY, C/o PINE MANAGEMENT
Code Section:
Premises: 25 WEST 87TH STREET, APARTMENT 1-R, NEW YORK, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
Administrator's order reducing the legal regulated rent for a
diminution of services was not corroborated by a physical in situ
inspection, therefore this order is revoked thereby granting
owner's petition for administrative review based on same.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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