Docket Number: FH 410050-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.: FH 410050-RO
EMSOF REALTY CO., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: CF 410093-S
PETITIONER Premises: 825 West End Ave.,
-----------------------------------X Apt. 7F, New York, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued concerning the housing accommoda
tions relating to the above described docket number.
The Commissioner has reviewed all of 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 the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
On June 14, 1988, a notice and transmittal of the tenant's
complaint was served on the owner affording him an opportunity to
interpose an answer.
On July 14, 1988 the owner interposed an answer which stated that
the appropriate contractors had been notified and appointments made
to effect repairs, and that upon completion of repairs DHCR would
be notified.
On October 3, 1988, the owner interposed a subsequent answer,
indicating that all repairs had been completed and that attached
was a copy of a signed work order.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of defective
conditions.
The Rent Administrator directed on July 23, 1991, restoration of
these services and further ordered, a reduction of the regulated
rent.
In its petition for administrative review, the owner states, in
substance, that it was never advised of the tenant's complaint and
will arrange to have the defective conditions repaired.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied and the Administrator's order
Docket Number: FH 410050-RO
modified.
The owner's petition contradicts its contention below of, defective
conditions repaired. Therefore the owner's assertion at PAR of
never being advised of the tenant's complaint is without merit. As
to the owner's contention of having effectuated repairs, this
assertion with its supporting documentation was raised in the
proceeding below, and the Administrator erred in not considering
this matter prior to inspection and issuance of the order appealed
from. Accordingly, the order appealed from is modified to have the
effective date of the rent reduction on the first rent payment date
of the month after the date of issuance of the Administrator's
order. If there are arrears due the owner as a result of this
order the tenant is permitted to pay the arrears in three equal
monthly payments.
This order is issued without prejudice to the owner filing a
restoration of services application.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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, modified in accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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