FF 110297 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.: FF 110297 RO
VIG ASSOCIATES DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: ED 110107 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 17, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 22, 1991. The order concerned housing
accommodations known as Apt. 608 located at 43-31 Ithaca Street
Elmhurst, N.Y. wherein the Administrator ordered a rent reduction
for failure to maintain required or essential 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 March 20, 1989,by
filing a Statement of Complaint based on Decrease in Services.
The tenant alleged that her apartment walls were black from
mildew caused by leaks. The tenant further alleged that the
owner was aware of this condition but did nothing to correct it.
The owner was served with a copy of the complaint and
afforded an opportunity to respond thereto. A response was filed
on May 1, 1990 wherein the owner stated that the apartment had
been inspected and the walls and ceilings were found to be dry.
The owner further stated that pointing work had been done around
the area in question in December, 1989.
The Administrator ordered a physical inspection of the
premises, which was conducted on April 16, 1991. The inspector
found mildew stains on the bedroom and bedroom closet ceiling.
The inspector additionally found black mildew on the hallway
ceiling near the bedroom. The Administrator then issued the
order here under review, reducing the rent based on the
inspector's report.
On appeal, the owner states that the tenant took paint and
other supplies to correct the problems and refuses to give access
to the owner for the job to be done. The owner also states that
the tenant has confirmed that no problems existed. The tenant
filed a response to the petition on July 16, 1991, wherein he
states that he does paint his apartment himself.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The owner's claim of lack of access, which is unsupported by
any proof as to when access was demanded, was not raised before
the Administrator and is therefore beyond the scope of review of
this administrative appeal. Moreover, the tenant's complaint did
not allege a failure to paint, but a failure to correct the
moisture condition which is causing mildew stains on the walls
and ceilings. The inspector confirmed the existence of this
condition and the owner has not established that any repairs were
made to correct this problem. Painting, even if done by the
tenant, would not result in correcting the dampness that causes
the mildew to form. The order here under review is affirmed. The
owner may file for restoration when services have been restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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