Docket Number: FG 420296-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.: FG 420296-RO
DISTRICT RENT ADMINISTRATOR'S
ROXANN MANAGEMENT CORP., DOCKET NO.: DL 420499-S
SUBJECT PREMISES:
444 Central Park West, Apt. 5E
PETITIONER New York, NY 10025
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART, MODIFYING ADMINISTRATOR'S ORDER, AND REMANDING ACCORDINGLY
The above-named owner filed a timely petition for administrative
review of an order issued on June 17, 1991 concerning the 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 and 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 tenant commenced this proceeding on December 20, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on February 13, 1991, the owner asserted that
all required repairs had been completed and that the tenant
"settled all claims" against the owner.
Thereafter on May 7, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed that (1) the faucet in the second
bedroom's bathroom leaks from its base ($1.50 rent reduction); and
that (2) the ceiling throughout the apartment is flaking and
peeling paint and plaster and the master bedroom's and second
bedroom's ceilings are water-stained (10% MCR).
On June 17, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the legal regulated
rent.
In this petition, the owner contends in substance that a rent
restoration order under Docket No. 42017-OR/440395-S issued also on
June 17, 1991 found ... "(n)o evidence of peeling paint and plaster
throughout the apartment"; and that the faucet had been repaired as
acknowledged by the tenant on March 27, 1990.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted in part, the Administrator's
Docket Number: FG 420296-RO
order modified and the issue of peeling paint and plaster be
remanded for further processing.
It is noted that on June 17, 1991, the Administrator issued a rent
reduction order and a rent restoration order based on May 1991
inspection findings, which contradict one another. The rent
reduction order appealed from here is based on a May 7, 1991
inspection finding flaking and peeling paint and plaster on the
ceiling throughout the apartment, while the rent restoration order
is based on inspections conducted on February 11, 1991 and May 15,
1991 which found "(n)o evidence of peeling paint and plaster
throughout the apartment."
Accordingly, the issue of peeling paint and plaster in the subject
apartment is remanded to the Administrator for further processing
in accordance with this Order and Opinion.
As to the defective faucet, the owner provided no proof that the
tenant withdrew its complaint although the owner may allege
tenant's settlement of "all claims" against the owner. Such
allegation is insufficient to disturb the inspection finding a
defective faucet, warranting rent reduction.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, granted in
part, that the issue of peeling paint and plaster be remanded to
the Administrator for further processing, and that the
Administrator's order be modified accordingly.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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