Docket No.: FD 220326 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 220326-RO
JEANNE WALLACH, DRO DOCKET NO.: ZEJ 220023-S
PETITIONER TENANT: Joseph Brun
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 29, 1991, the above-named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 28, 1991. The order concerned
housing accommodations known as Apartment 1C located at 397 First
Street, Brooklyn, New York 11215. The Administrator ordered a
rent reduction based on 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 by filing a complaint on
October 1, 1990 seeking a rent reduction based on decreased
services. The tenant made the following specific allegations:
1. Windows are not in working condition.
2. Floors are broken and rotted.
3. Doors are rotted.
4. Light fixtures are broken, exposed wire.
5. Plaster keeps falling from the ceiling.
6. Radiator valves are missing.
7. Door Frames broken and sagging.
8. Apartment has not been painted in 25 years.
9. Dust from plaster due to renovation all around
the apartments.
10. Bathroom faucets leak.
11. Kitchen faucets leak.
12. Kitchen stove is broken.
13. Refrigerator is not in working order.
14. Kitchen floor is rotted.
15. Door bell is not working.
16. No Smoke Detector.
17. No locks on the windows.
18. No Storm windows.
The owner filed a response and stated that all light fixtures
which were broken have been replaced with new ones and were in
good condition with no exposed wires. The owner further stated
that the refrigerator had been inspected with ice being found in
the freezer and cold food in the refrigerator. The owner claimed
the refrigerator door closed properly.
Docket No.: FD 220326 RO
The Administrator ordered a physical inspection of the apartment,
which was conducted on January 4, 1991 that inspection revealed 19
separate services deficiencies. The complaining tenant is rent
controlled, so the Administrator made the following specific rent
reductions:
1) A) Kitchen (2) windows - north window bottom sash
1/4 inch space by sill. Air and light seepage -
sash very shaky. $6.00
B) West window - sashes - top painted shut ($2.00),
bottom boarded up with wood ($2.00). 4.00
C) Livingroom - (1) window - top sash nailed shut. 2.00
D) 2nd bedroom (1) window top sash painted shut. 2.00
E) 3rd bedroom - top sash painted shut ($2.00),
bottom sash - 1/4 inch space near sill and
glass cracked ($3.00), (air seepage - $6.00). 11.00
F) 4th bedroom - left top sash - small hole in
glass ($3.00), bottom sash glass cracked near
sill and glass cracked ($3.00) - right window
bottom glass missing and boarded up with
wood ($3.00). 9.00
2) 2nd bedroom - floor boards loose - center of floor -
grooves and dents in floor. 4.50
3) (3) floor saddles missing bedroom doorways
($4.50 x 3) 13.50
4) Apartment entrance door lock loose - door not
closing properly - 2nd apartment entrance door -
cracked pane. ($5.00 ea) 10.00
5) Double sliding doors between 3rd and 4th bedrooms
- missing tracks. 3.00
6) 3rd bedroom - closet missing knob. 3.00
7) (2) doors missing from 2nd bedroom - there is
evidence that doors were once there. ($3.00 x 2) 6.00
8) 1st bedroom door frame missing sides. 3.00
9) Bathroom missing left side frame. 3.00
10) Kitchen - missing frame on both side of doorway. 3.00
11) (7) light fixtures missing globes. ($1.00 x 7) 7.00
12) 1st bedroom fixture exposed wires. 3.00
13) Both apartment entrance doors - no doorbell. 6.00
14) Kitchen stove missing knobs - door does not stay
closed. 11.00
15) Kitchen - refrigerator not working. Freezer and
food compartment - 65oF, temperature control at
lowest setting. 35.00
16) Kitchen sink water leaks from faucet based. 3.00
17) Bathroom faucets not connected to plumbing. 15.00
Docket No.: FD 220326 RO
18) Kitchen, livingroom, 4th bedroom - radiators not
connected ($6.00 ea x 3) 18.00
19) 4th bedroom missing storm windows. 4.00
Total $ 185.00
The Administrator found the following to be maintained:
1) 2nd bedroom - radiator working properly.
2) 1st bedroom and bathroom windows working properly.
3) Smoke detector provided and working.
The owner's appeal states that "the tenants certified in court
that the improvements were made and the rent should be restored.
Annexed to the petition is a "so-ordered stipulation of settlement
dated April 2, 1991 of an action in Housing Court between the
parties. Paragraph 5 of the stipulation states that the tenant
"acknowledges that petitioner has complied with DHCR order
regarding reduction of services and all are completed."
Petitioner also submits paid bills and invoices attesting to the
fact that repairs were done. The tenant did not file a response.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that the petition should be denied.
The record indicates that the Administrator's order was properly
based on the results of the January 4, 1991 inspection which
confirmed the existence of numerous defective conditions in the
tenant's apartment. The owner submitted no evidence to the
Administrator to establish that repairs were done and such
evidence may not be considered for the first time on appeal.
Moreover, since the court stipulation and testimony by the tenant
that the owner seeks to rely on is dated subsequent to the
issuance date of the Administrator's order, the order was correct
when issued.
The parties have agreed that petitioner will seek rent restoration
and the tenants will not oppose such an application. The
Commissioner notes that a proceeding to restore the apartment rent
is now pending before the Administrator. This order and opinion
has no bearing on that application but merely affirms the validity
of the rent reduction under appeal was supported by substantial
evidence.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
Docket No.: FD 220326 RO
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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