FI 110071 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.: FI 110071 RO
DISTRICT RENT ADMINISTRATOR'S
VAN KLEECK ASSOCIATES, DOCKET NO.: FC 110468-S
SUBJECT PREMISES:
51-25 Van Kleeck Street
Apt. No. 7L, Elmhurst, NY 11373
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely Petition for Administrative
Review of an order issued on August 8, 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 tenant commenced this proceeding on March 19, 1991 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on April 19, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that all required services are being provided and that
the tenant only has to contact the owner if repairs have to be
done.
The tenant filed a letter on July 22, 1991, withdrawing the
complaint based on the restoration of services.
However, the subject apartment was inspected on July 23, 1991 by
DHCR which confirmed the existence of roach infestation in the
kitchen.
Based on said inspection, the Administrator directed on August 8,
1991 restoration of services and reduction of the stabilized rent.
In this petition, the owner contends in substance that it was not
informed of the defective conditions by the tenant; that these
conditions "were immediately attended to" when DHCR informed the
owner; that the tenant withdrew the complaint before the
inspection and the order's issuance; and that the conditions are
minor, not warranting a rent reduction.
After careful consideration, the Commissioner is of the opinion
FI 110071 RO
that this petition should be granted in part and the
Administrator's order modified accordingly.
The record establishes that the owner was put on notice of the
tenant's complaint; that the owner performed repairs in the
subject apartment; that the tenant withdrew the complaint
thereafter; and that inspection, however, confirmed the existence
of roach infestation in the kitchen - not a minor matter - but a
decreased service warranting rent reduction.
In cognizance of the owner's good faith efforts to repair and the
tenant's withdrawal of the complaint, the owner's petition is
granted in part and the Administrator's order is modified to the
extent that rent reduction is effective on the first rent payment
date, one month after the issuance of the Administrator's order
when the owner knew of the continued existence of the defective
condition.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted in
part and that the Administrator's order be, and the same hereby
is, modified in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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