DOCKET NO.: FD 220328 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.: FD 220328 RO
RAGE REALTY INC.
DRO DOCKET NO.:
EK 220629 S
TENANT: MARIA RODRIGUEZ
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1991 the above named petitioner owner filed a
Petition for Administrative against an order of the Rent
Administrator issued April 11, 1991. The order concerned housing
accommodations known as Apt. 4R located at 140 Fourth Avenue
Brooklyn, NY. The Administrator ordered a rent reduction due to
decreased 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 November 21, 1990 by
filing a complaint alleging decreased apartment services, to wit
- defective windows. The tenant also stated that her apartment
was too cold. The owner filed a response wherein he stated that
the tenants apartment was adequately heated. With regard to the
specific window complaints, petitioner stated that the prior
owner installed new aluminum windows in the front of the
tenant's apartment. The kitchen windows were not replaced and
are old, although the owner claims to have made efforts to keep
them in repair. The Administrator ordered a physical inspection
of the premises which was concluded on March 5, 1991.
DOCKET NO.: FD 220328 RO
The inspector made the following findings:
1) Kitchen right window bottom pane is loose and about to
fall. Top sash does not close. Exterior frame is
rotted.
2) Kitchen left window top sash does not close properly.
Frame is rotted. Both windows are very drafty.
The following service was found to maintained:
1) Heat is provided adequately.
The Administrator ordered a five dollar rent reduction for
each of the two conditions described above. On appeal, the owner
states that attempts have been made to repair the windows but the
tenant, who is rent controlled, refused to agree to a rent
increase for new windows. The tenant did not file a response.
After a careful review of the evidence in the record the
Commissioner is of the opinion that the petition should be
denied.
Section 2202.16 of the Rent and Eviction Regulations
authorizes a decrease in the maximum rent when there has been a
substantial deterioration of the housing accommodations because
of the failure of the landlord to properly maintain the same, or
there has been a decrease in the dwelling space, essential
services, furniture, furnishings or equipment required to be
provided.
The Administrator correctly ordered a rent reduction based
on the inspection report which confirmed that the kitchen windows
in the subject apartment are defective. The owner is required to
maintain the windows by effectuating necessary repairs and if the
windows can no longer be repaired, new ones will have to be
installed. The failure to do so may result in additional
penalties.
The tenant is not required to consent to a rent increase for
new windows and her refusal to give such consent does not relieve
the owner of the obligation to correct the defective windows in a
workmanlike manner.
The owner is advised that it may qualify for a rent increase
based on a major capital improvement if it undertakes a building
wide installation of new windows and such an increase does not
require tenant consent.
DOCKET NO.: FD 220328 RO
THEREFORE, pursuant to the Rent and Eviction Regulations it
is
ORDERED, that this petition be, and the same hereby is,
affirmed and that the Rent Administrator's order be and the same
hereby is, denied.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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