Docket Number: FF 420219-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 420219-RO
DISTRICT RENT ADMINISTRATOR'S
ROXAN MANAGEMENT CORP., DOCKET NOS.: EI 420179-OR/
BE 440395-S
SUBJECT PREMISES:
444 Central Park West, Apt. No. 5E
PETITIONER New York, NY 10025
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On June 21, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on June 17, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2202.16 of the Rent & Eviction Regulations.
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.
The owner commenced this proceeding on September 21, 1990 by filing
an application to restore rent based on the restoration of services
and the tenant's consent to same.
Together with its application, the owner submitted work orders
signed by the tenant.
Thereafter on February 11, 1991, and May 15, 1991, the subject
apartment was inspected by D.H.C.R. which confirmed that though
other services had been restored, on the "nine windows recently
painted", the "paint (is) not sticking and flaking due to rust of
metal casement windows"; that the master bedroom "has a missing
window," and a "glass stuck to frame covers half of window...."
Based on said inspection, the Administrator granted the owner's
application partially, restoring the legal regulated rent in the
amount of 10% of the maximum legal rent plus $2.00 per month
effective July 1, 1991. The owner was advised to refile for the
remaining $12.00 when the remaining decreased services as set forth
above are restored.
Docket Number: FF 420219-RO
In this petition, the owner contends in substance that it provided
in the proceeding below and prior to issuance of the Administra-
tor's order work orders indicating job completion to the tenant's
satisfaction, and that said work orders were so signed by the
tenant.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied and the Administrator's order
modified.
From the inspection report confirming the existence of defective
conditions, the Administrator properly determined a finding of
decreased services, warranting rent reduction. Accordingly, the
owner's petition is denied.
However, the owner alleged that prior to the inspection and the
issuance of the Administrator's order, the tenant signed an
acknowledgement that the defective conditions were allegedly
repaired.
This assertion with its supporting documentation was raised at the
owner's application in the proceeding below, and the Administrator
thus erred in failing to consider this matter prior to inspection
and issuance of the order appealed from. Accordingly, the order
appealed from is modified to have the effective date of the rent
reduction on the first rent payment date of the month after the
date of issuance of the Administrator's order.
This Order and Opinion is issued without prejudice to the owner
filing another application for rent restoration based on the
restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent & Eviction Regulations,
it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, modified in accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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