Docket Number: FG 610036-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
-----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FG 610036-RO
DISTRICT RENT ADMINISTRATOR'S
ROBERT HEIMANN, DOCKET NO.: DH 610805-S
SUBJECT PREMISES:
2400 Valentine Ave., Apt. No.1-H,
PETITIONER Bronx, NY 10458
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 9, 1991, the above-named owner filed a Petition for
Administrative Review against an order issued on June 17, 1991 by
the Rent Administrator, Gertz Plaza, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations relating to
the above-described docket number.
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 administrative appeal.
The original proceeding was commenced on August 25, 1989, by the
tenant filing complaint asserting that the owner failed to maintain
certain services in the subject apartment.
Although the owner was notified to do so on September 20, 1989, the
owner failed to respond to the tenant's complaint.
The tenant wrote down the owner and his mailing address as "Robert
Heimann, P.O. Box 293, Bronx, New York 10471."
On September 20, 1989, a copy of said complaint with instructions to
answer same was mailed to the owner in the stated address, but the
owner failed to respond to the tenant's complaint.
On September 28, 1990, another copy of the tenant's complaint was
mailed to the owner's registered address at 5608 Broadway, Bronx,
New York 10463. The owner again did not respond to the owner's
complaint.
Thereafter on May 31, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of a defective refrigerator
("missing freezer door...ice buildup...freezer temperature 20oF...
refrigerator temperature 40oF") and a defective kitchen sink
("chipped enamel").
Based on said inspection, the Administrator directed on June 17,
1991, restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner contends in substance that it did not
Docket Number: FG 610036-RO
receive the tenant's complaint and that these defective conditions
do not warrant a rent reduction.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's allegation of non-receipt of tenant's complaint is
without merit. In both addresses, P.O. Box 293 and 5608 Broadway,
the owner should have received the tenant's complaint. The tenant
mailed at that time its rent to P.O. Box 293, and the owner/agent
should be at that address. 5608 Broadway is the owner's registered
address with DHCR, and DHCR merely followed the address as correctly
registered in the record. In any case, the owner filed this
petition against the order that was addressed to him at 5608
Broadway.
In addition, the owner should be aware of the tenant's complaint
because in its petition, it alleged lack of notice only as to the
defective refrigerator but not as to the other defective conditions,
when all the questioned services were in fact stated in the tenant's
complaint. Moreover, the owner had eighteen months from service of
the tenant's complaint till the issuance of the Administrator's
order to investigate the tenant's complaint and to make necessary
repairs, but the owner failed to do so.
As to the owner's contention that these decreased services do not
warrant a rent reduction, it is noted that a kitchen sink done in an
unworkmanlike manner and a defective refrigerator (with a missing
freezer door, ice buildup, a freezer temperature of 20oF, and a
refrigerator temperature of 40oF) are considerable decreased
services to warrant a rent reduction.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|