FH 610271 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 610271 RO
DISTRICT RENT ADMINISTRATOR'S
MORRIS AVE. ASSOCIATES/ DOCKET NOS.: FB 610236-OR
MAYNARD KOENIGSBERG, EE 610156-OR
DA 610709-S
SUBJECT PREMISES:
2280 Grand Ave., Apt. No. 5B
PETITIONER Bronx, New York 10468
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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 August 7, 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 February 19, 1991 by filing
an application to restore rent based on the restoration of
services and the tenant's acknowledgment to paint the apartment
herself for a rent credit of $325.00. The original rent reduction
order found "(e)vidence of peeling paint and plaster throughout
(the) apartment master bedroom, hallway, small bedroom walls and
ceiling."
In its answer filed on March 18, 1991, the tenant denied any rent
credit given by the owner and otherwise asserted that her rent
increased despite the unrepaired defective conditions warranting
rent reduction.
Thereafter on June 10, 1991, the subject apartment was inspected
by DHCR which confirmed that the "ceiling and wall in (the)
hallway above (the) kitchen doorway is water-stained and has
blistering paint"; that in the same area, "there is a hole about
8" x 8"; that the "master bedroom ceiling is water-stained in
(an) area about 3 feet by 2 feet"; and that the "living room wall
near (the) floor adjacent to (the) bathroom has crack(ed) about 2
feet in length."
FH 610271 RO
Based on said inspection, the Administrator denied on August 7,
1991 the owner's application.
In this petition, the owner contends in substance that the order
"encompasses repair items which were not part of the original rent
reduction order"; and that the tenant agreed to paint the entire
apartment in exchange for a $326.00 credit which was given to the
tenant.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The tenant's original complaint about and the rent reduction order
finding "peeling paint and plaster throughout the apartment" are
sufficient notice to the owner that the entire apartment needed
painting. As the owner contended, painting should resolve
"peeling paint and plaster" and (as the owner should have known,)
the inclusive and related problems of "water-stained" and
"blistering" paint, holes and cracks disclosed by inspection.
As to the alleged credit, which is disputed by the tenant, neither
the Rent Stabilization Law nor Code permits an owner to transfer
to the tenant the responsibility to effect repairs by agreement or
otherwise. The owner's suggestion that the tenant had undertaken
her own repairs did not relieve the owner of the obligation to
maintain the premises and to effect repairs.
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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