FH 110330 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.: FH 110330-RO
DISTRICT RENT ADMINISTRATOR'S
SHALIMAR LEASING COMPANY/ DOCKET NOS.: FA 110172-OR
CHERYL S. JENSEN, ED 110114-OR
DF 110114-OR
CK 110330-S
SUBJECT PREMISES:
98-23 Horace Harding Expressway
PETITIONER Apt. No. 8A, Rego Park, NY 11368
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on July 17, 1991, 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 petition.
The owner commenced this proceeding on January 29, 1991 by filing
an application to restore rent based on the restoration of
services. According to the owner, the "subject apartment was
plastered and painted whenever necessary and no leaks are present
in the subject apartment at this time."
In a reply filed on February 21, 1991, the tenant stated that she
had "witnessed the painting on January 21, 1991 .... there was no
plastering work done nor leak source been checked ... (t)o date
water stains have reappeared and painted area is now chipping."
Thereafter on May 7, 1991, the subject apartment was inspected by
DHCR which confirmed that the "closet located hallway entrance is
stained and cracked due to past leaks," and that "the ceiling
above entrance hallway leading to bathroom is stained and
blistered."
Based on said inspection, the Administrator determined on January
17, 1991 that the "(a)partment was painted in an unworkmanlike
manner," and directed restoration of these services and reduction
of the stabilized rent.
In this petition, the owner contends in substance that work was
performed; and that the owner was not notified of the recurrence
of defective conditions after repairs.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
FH 110330 RO
Although the owner answered in the proceeding below that all
repairs were completed, the tenant replied that work was done in
an unworkmanlike manner: no plastering done, leak source not
checked, reappearance of water stains and chipping paint.
Subsequent inspection confirmed that the tenant was correct.
The tenant's original complaint is sufficient notice to the owner
to effect repairs. The owner has a duty to insure that all
repairs were completed and done in a workmanlike manner. The
inspector's report showed that the claimed repairs were clearly
inadequate. Accordingly, the Administrator's order, based on the
inspection, properly denied the owner's application.
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 Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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