FF 110368 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 110368 RO
VIG ASSOCIATES,
DRO DOCKET NO.: ED 110104 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 21, 1991 the above-named petitioner filed an
Administrative Appeal against an order issued on May 28, 1991 by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
43-31 Ithaca Street, Elmhurst, New York, Apartment 302.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
The issue herein is whether the District Rent Administrator
properly determined the tenant's complaint of decreased services.
A review of the record reveals that on April 5, 1989 the tenant
filed a complaint wherein she listed several alleged deficient
conditions involving the walls and ceilings of the bathroom,
hallway and bedrooms.
The owner filed an answer on May 1, 1990 alleging that the
bathroom and a bedroom were painted.
The owner stated the tenant had covered other walls with
wallpaper without permission.
The owner contended that the services alleged to have been
reduced were restored; or unavailable for plastering due to
tenant wallpapering.
The subject apartment was inspected by a Division of Housing and
Community Renewal (DHCR) inspector on April 16, 1991 who
submitted a written report containing two deficient conditions
FF 110368 RO
consistent with the tenant's complaint.
On May 28, 1991, the District Rent Administrator issued the
order appealed herein. The District Rent Administrator's order
reduced the rent for the subject apartment to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the order, such rent reduction being
effective as of May 1, 1990, the first rent payment date after
the Division informed the owner of the tenant's complaint.
This order was based upon the above mentioned inspection which
revealed:
1.Master bedroom ceiling and walls near the
right side window had large area covered with
peeling paint and plaster and bulging.
2.There is a large hole in hallway wall to the
right of bathroom door.
On appeal, the owner alleged that the tenant denied access to the
master bedroom and hallway to paint and plaster due to tenant
having covered these areas over with wallpaper.
In reply the tenant denied that he was ever informed that he
should remove wallpaper prior to plastering.
After a careful review of the entire evidence of record, the
Commissioner is of the opinion that the owner's administrative
appeal should be denied.
A review of the impartial inspector's report indicates that the
inspector made no reference to there being wallpaper in either of
the areas where there was found to be peeling paint and plaster
and a hole in the wall.
Accordingly, the owner is not entitled to a reversal of the Rent
Administrator's order which was based upon the impartial
inspector's report which bears greater probative value than the
owner's self-serving and unsupported claims.
The order and opinion is issued without prejudice to the owner's
right to file for a rent restoration upon restoration of
services.
FF 110368 RO
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied, and that the order of the District Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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