Adm. Review Docket No: FB 210255-RO
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.: FB 210255-RO
:
HAMPTON REALTY COMPANY, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EF 210355-S
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART, AND MODIFYING ADMINISTRATOR'S ORDER
On February 25, 1991, the above-named owner filed a timely Petition
for Administrative Review of an order issued on January 22, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
On May 26, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On June 20, 1990, the owner was notified of the tenant's complaint.
In its answer filed on June 27, 1990, the owner asserted that the
tenant caused the disrepair and that repairs were not completed
because the tenant refused access.
On August 6, 1990, the owner filed another answer stating that all
repairs were completed.
Thereafter on September 12, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector, who confirmed the
existence of defective conditions.
On January 22, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner states in substance that the effective
date of the new reduction is in error; and that all repairs were
completed by February 1991 as proved by DHCR records in the
Compliance Unit.
The Commissioner is of the opinion that this petition should be
granted in part and the Administrator's order modified accordingly.
Although the record shows that all repairs were completed by
February 1991, said repairs were made following the issuance of the
Adm. Review Docket No: FB 210255-RO
Administrator's order on January 22, 1991. It is noted that this
order is based on a September 12, 1990 inspection which disclosed
defective conditions. Accordingly, the Administrator's order
reducing the rent was correct when issued, and this order is issued
without prejudice to the owner filing an application for restoration
of services.
However, the owner rightly pointed out that the effective date of
this rent reduction order is in error. The effective date of a rent
reduction order is the first rent payment date following the date
when the owner was notified of the tenant's complaint. Because the
owner was put on notice of the tenant's complaint on June 20, 1990,
the effective date should be July 1, 1990 and the order appealed
from should be modified accordingly.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the District Rent Administrator's order be, and the
same hereby is, modified in accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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