ADM. REVIEW DOCKET NO.: FI 510235 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 510235 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
FC 510796 S
JOEL ARAGONA,
PREMISES: 803 West 180th
St., Apt. No. 5, New York,
NY 10033
OWNER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 30, 1991, the above-named owner filed a timely
petition for administrative review of an order issued on
September 10, 1991 concerning the housing accommodations relating
to the above-described docket numbers.
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 this proceeding on March 24, 1991 by
filing a complaint asserting that the owner had failed to
maintain adequate heat in the subject apartment; that the windows
are defective, either do not close or are difficult to operate;
that when the bathroom floor was broken up to fix a leak, the
owner refused to install the same tiles that the tenant had
previously installed at their expense; that the floor throughout
the apartment is "corroded" and "in bad shape"; and that "mice
and roaches get through" the floor.
In his answer filed on May 24, 1991, the owner denied the
allegations as set forth in the tenant's complaint and otherwise
asserted that heat had always been provided and repairs had been
completed. As to the bathroom tiles, the owner alleged that only
a small area of the bathroom floor was removed to repair a leak,
that the tenant had previously changed the floor tiles without
the owner's permission and cannot provide the owner with the
tiles used, and that the tenant was refusing the similar tiles
that the owner was offering and was insisting on a replacement of
ADM. REVIEW DOCKET NO.: FI 510235 RO
the entire floor.
Thereafter, an on-site inspection of the subject apartment
was conducted on August 6, 1991 by a DHCR staff member who
confirmed that the bathroom tiles are broken off or removed from
an area near the toilet; and that the apartment wood floors
throughout have spaces between boards.
Based on said inspection, the Administrator directed
restoration of services and a reduction of the stabilized rent.
In this petition, the owner contends that the tenant has
refused to allow the owner to patch the floor but insists on
either an exact replacement of the tiles installed by the tenant
without approval or a complete new floor. The owner's petition
does not address the defective wood floors throughout the
apartment.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code requires the
Division to order a rent reduction, upon application by the
tenant, based on a finding that the owner has failed to maintain
required services. Required services are defined by Section
2520.6(r) to include repairs, decorating and maintenance.
In the instant case, the inspection revealed defective
floors throughout the apartment for which a rent reduction is
warranted and the owner does not even address this condition in
his petition.
As for the bathroom tiles, it is undisputed that the floor
tiles were installed by the tenant, and that some of them had to
be removed by the owner in order to repair a leak. It is not
clear from the record what efforts the owner made to replace the
tiles and whether the tenant prevented the owner from completing
the job. Since the rent reduction for the defective wood floors
is warranted anyway, further fact finding regarding the bathroom
tiles is not necessary. However, the parties are advised that in
order to restore services, the owner must replace the missing
bathroom tiles either with matching tiles supplied by the tenant
or with substantially similar tiles provided by the owner. The
owner need not replace the entire floor and if the tenant fails
to provide matching tiles or unreasonably refuses substantially
similar tiles offered by the owner, the owner will be deemed to
have restored this service and will be entitled to a restoration
of rent, if the defective wood floors have been repaired as well.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is denied
and the Rent Administrator's order be and the same hereby is
affirmed.
ADM. REVIEW DOCKET NO.: FI 510235 RO
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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