Docket Number: FG 610264-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 610264-RO
DOGWOOD TOWNHOUSE ASSOCIATES/ DISTRICT RENT ADMINISTRATOR'S
ARTHUR WIENER, DOCKET NO.: EI 610543-S
SUBJECT PREMISES:
PETITIONER 4601 Henry Hudson Pkwy, Apt. A-10
----------------------------------X Bronx, NY 10471
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 26, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on July 8, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
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.
On September 21, 1990, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
inter alia these services in the subject apartment, namely, that
"(t)he living room floor has buckled from a steam leak and has not
been repaired since February 1990 ... a serious tripping hazard" to
these senior citizen tenants; and that "(a)ll the window and door
wood framing (exterior) has not been maintained and needs to be
sanded and painted."
In its answer filed on December 26, 1990, the owner requested "one
month to properly answer this complaint."
On January 16, 1991, the owner denied the allegations set forth in
the tenant's complaint and otherwise asserted that repairs had been
completed.
Thereafter on June 6, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed that the "living room floor near the
dining room is buckled under rug across the doorway"; that the
floor is also buckled "near the window in the living room"; that
the "front-door inside molding on frame is cracked and loose on
wall"; that the "outside framing around (the) door has peeling
paint; and that the "back door framing on outside of door has
peeling paint."
The Administrator directed on July 8, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
Docket Number: FG 610264-RO
In this petition, the owner alleges in substance that it received
no notice from the tenant's original complaint of a defective door
inside molding; that the windows had been painted; that the tenant
was given a "new front door with a new molding"; and that the
buckled floors had been repaired but only after the tenant complied
"to remove her aging carpet."
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
It is noted that contrary to the owner's contentions, it was aware
of the door's defective inside molding from the tenant's original
complaint because the owner alleges that it gave the tenant "a new
front door with a new molding."
As to repairs having been completed, the owner's petition is
unclear. If the owner contends that repairs had been made before
the apartment was inspected or the order was issued, then the
owner's allegation is belied by the report of the agency inspector.
If the owner contends that repairs were made following the issuance
of the Administrator's order, then the Administrator's order
reducing the rent was correct when issued.
This Order and Opinion is issued without prejudice to the owner
filing an application for restoration of services, if the facts so
warrant.
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
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