ADM. REVIEW DOCKET NO.: FF 520342 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 520342 RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FB 520792-S
WEINREB MANAGEMENT,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On June 27, 1991 the above-named owner filed a Petition for
Administrative Review (PAR) against an order issued on June 17,
1991, by the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodation known as Apartment 8H, 320
Riverside Drive, New York, New York, wherein the Administrator
determined the tenant's complaint of a reduction of certain
individual apartment services.
An inspection conducted on May 14, 1991 by a member of the
Division's inspection staff confirmed a number of conditions
reported in the tenant's complaint.
Based on the inspection, the Administrator issued an order
enumerating fifteen (15) service reductions, imposed specific
monetary amount for each condition, and reduced the tenant's rent-
controlled maximum legal rent by $98.00.
On appeal, the petitioner requests that the Administrator's
order be reversed on the grounds that the Administrator had
previously issued orders encompassing these items and reducing the
rent, under Docket Nos. ED 520704-S (dated April 25, 1991), CC
420408-S (dated May 16, 1989), BJ 420051-S (dated March 29, 1988),
BF 420436-S (dated January 7, 1988), and LC-002474-S (dated January
16, 1986).
ADM. REVIEW DOCKET NO.: FF 520342 RO
The tenant's response was not pertinent to the issues raised.
The applicable law is Section 2202.16 of the Rent and Eviction
Regulations.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted in part.
The Administrator's order herein under review provided
specific rent reduction for the individual service reductions,
totaling $98.00, was as follows:
l. Kitchen has 4 outlets not working (4 x $1.50). $ 6.00
2. Bathroom sink stopped up, no drainage. 8.00
3. Cement is on bathroom floor tiles under sink. 4.50
4. Exhaust fan does not work. 2.00
5. Bedroom ceiling has peeling paint and plaster. 3.00
6. Closet in bedroom has peeling paint and plaster. 3.00
7. Kitchen has a defective steam pipe - area is
discolored and has peeling paint and plaster. 3.00
8. Oven is defective - does not light. 6.00
9. There is paint on livingroom and dining room floor. 3.00
10. There is a hole at the top of riser. It is rusting
at upper center of pipe where there is a joint, and
there is evidence of a leak. 8.00
11. Windows throughout apartment are loose, shaky and
hard to open or close, 6 windows total 6 x $4.00. 24.00
12. Bathtub faucet leaks. 1.50
13. Water in tub would not drain - stopper not working. 8.00
14. Kitchen sink bottom is cracked, rusted and enamel
is worn. 5.00
15. Refrigerator gasket is worn,hinges are bent, tray
under freezer is broken, freezer door is broken and
2 door shelves are broken. 13.00
The Administrator's order is modified to the extent of
revoking certain items as duplicative of rent reductions granted
under Docket Nos. ED 520704-S, CC 420408-S, BJ 420051-S, BF 420436-
S, and LC-000247-S. The following rent reductions, totaling $33.00
are revoked:
2. Bathroom sink stopped up, no drainage. 8.00
4. Exhaust fan does not work. 2.00
5. Bedroom ceiling has peeling paint and plaster. 3.00
6. Closet in bedroom has peeling paint and plaster. 3.00
8. Oven is defective - does not light. 6.00
9. There is paint on livingroom and dining room floor. 3.00
13. Water in tub would not drain - stopper not working. 8.00
Several rent reductions increased the amount of rent
reductions granted in one or more of the prior rent reduction
ADM. REVIEW DOCKET NO.: FF 520342 RO
orders. Said rent reductions are affirmed to the extent that they
supersede, incorporate and replace previous rent reductions, and
are not in addition thereto. These include the following:
3. Cement is on bathroom floor tiles under sink. $ 4.50
($4.00 under ED 520704-S).
7. Kitchen has a defective steam pipe - area is
discolored and has peeling paint and plaster.
($2.00 under BF 420436-S). 3.00
11. Windows throughout apartment are loose, shaky
and hard to open or close, 6 windows total
6 x $4.00. ($12.00 under ED 520704-S). 24.00
14. Kitchen sink bottom is cracked, rusted and
enamel is worn. ($3.00 under ED 520704-S) 5.00
15. Refrigerator gasket is worn, hinges are bent,
tray under freezer is broken, freezer door is
broken and 2 door shelves are broken.
($4.50 under ED 520704-S). 13.00
The rent reductions granted for the items listed below are not
duplicative, and are affirmed as granted:
1. Kitchen has 4 outlets not working, (4 x $1.50). $ 6.00
10. There is a hole at the top of riser. It is
rusting at upper center of pipe where there
is a joint, and there is evidence of a leak. 8.00
12. Bathtub faucet leaks. 1.50
Accordingly, rent reductions in the amount of $65.00 are
affirmed.
THEREFORE, in accordance with the provisions of the City Rent
Control Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
granted in part. The Administrator's order is modified to the
extent of revoking certain rent reductions as duplicative of prior
outstanding rent reduction orders. Remaining rent reductions in
the amount of $65.00 are affirmed as modified in accordance with
the above.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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