Docket Number: FD-110021-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 110021-RO
: DISTRICT RENT ADMIN.
GRENADIER REALTY/ DOCKET NO.: DJ 110099-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 4, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 14, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
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.
On October 3, 1989, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment, namely:
(1) Screens in the small bedroom and the large
bedroom had been "ripped due to contractor's
work on roof" and "need to be repaired or
(2) The living room window is "broken due to
contractor's work on roof."
Although the owner was informed on October 18, 1989 of the tenant's
complaint, the owner failed to answer said complaint at this time.
Thereafter on September 12, 1990, an inspection of the subject
housing condition was conducted by a D.H.C.R. inspector. The
inspection report stated that although all the defective screens had
been replaced, the living room has a broken window pane.
In response to a DHCR inquiry, the tenant notified DHCR on November
30, 1990 that the window pane in the living room is still broken.
The owner responded on January 29, 1991 that the broken window pane
can be repaired if the tenant removes its air conditioner from the
Docket Number: FD-110021-RO
The tenant stated in answer filed on February 22, 1991 that the
owner s responsible for removing and re-installing "the air-
conditioner when making a repair to the window it is in."
On March 14, 1991, the Administrator directed restoration of this
service and further ordered a reduction of the stabilization rent.
In this petition, the owner alleged in substance that it is the
tenant's duty to remove the air conditioner if the owner has to
repair the cracked window pane in the living room; that in
contacting DHCR, it received "a copy of a Housing Court decision
regarding air conditioners"; that the "decision deals with MCI
whereby all windows are being replaced and that the owner must
remove and reinstall all A/C units during construction"; that this
decision has no relation to the case at hand, wherein "the tenant's
window pane is broken and the pane must be repaired"; and that
therefore, it is not the responsibility of the owner to remove
personal property from the window.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The record clearly shows that the petitioner-owner does not dispute
the tenant's complaint that the living room window is "broken due to
contractor's work on roof." The "broken window pane" found by the
DHCR inspector therefore arises from a major capital improvement.
However, administrative policy and precedent have ruled that the
owner is obliged not only in major capital improvements but also in
the restoration of services to remove and reinstall if necessary the
tenant's antenna, air conditioner etc. Specifically, where a
tenant's air conditioner is initially installed with the owner's
express or implied consent, the owner has the obligation to remove
and, reinstall the air conditioner, at its own expense, when any
work requires such removal and reinstallation. (Accord: C 110189-
RT, BC 110190-RT, ART 02263-6 and ART 03094-Q)
Moreover, the owner had seventeen months from the date of service of
the tenant's complaint until the issuance of the Administrator's
order to investigate the tenant's complaints and to make the
necessary repairs, but the owner failed to do so.
This Order and Opinion is issued without prejudice to the owner's
right to file an application for restoration of services, if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby