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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GRENADIER REALTY CORP., DOCKET NO.:
247-13 76th Ave.
PETITIONER Apt. 14D7-2, Bellerose, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO ADMINISTRATOR
On October 1, 1991 the above-named owner filed a timely petition
for administrative review of an order issued on September 24, 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 above-named owner commenced this proceeding on April 4, 1991 by
filing an application to restore rent in which it was alleged that
the services (defective oven broiler door) for which the rent had
been reduced in Docket No. EA 110060-S had been restored. The
owner included with the application a copy of a letter from the
Division's Compliance Unit stating that the tenant had advised that
the owner had complied with the directives in the rent reduction
order and that the owner should file a rent restoration applica-
In an answer filed on May 6, 1991, the tenant denied that she had
advised the Compliance Unit that the stove repair had been
completed. She explained that the replacement stove provided by
the owner had a gas leak and therefore did not qualify as a
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Thereafter, a physical inspection of the subject apartment was
conducted on September 11, 1991 by a DHCR staff member who reported
that the oven door handle is loose and the "front top burner left
side smells of gas (hazardous)."
Based only on the inspector's finding of a loose oven door handle,
the Administrator denied the owner's application.
In this petition, the owner contends in substance that the tenant
never complained of the oven door handle, which could easily have
been repaired if the tenant informed the owner's "Maintenance
Department"; and that all necessary repairs were already made.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted and the proceeding should be
remanded to the Administrator for further consideration.
The record reveals that the owner filed the rent restoration
application after the Division suggested that it do so based on the
tenant's acknowledgement that the owner had complied with the
directive in the rent reduction order to restore services. The
tenant's subsequent repudiation that repairs were done was not
served on the owner. It is clear from that statement, however,
that the owner had installed a replacement stove. It is also evi-
dent that the "oven broiler door does not open or close properly".
Cited in the rent reduction order is an entirely different condi-
tion than the "oven door handle is loose" cited in the order
appealed herein and most likely refers to a different stove. It
does not appear, however, that the owner had any notice that the
replacement stove was defective. It was error, therefore, to deny
the owner's rent restoration application based on an inspection
that revealed a broken oven door handle when neither the tenant nor
the Administrator informed this repair was required.
Accordingly, the Commissioner finds that the owner's rent restora-
tion should not have been denied without affording the owner notice
of the defect and an opportunity to cure it. The owner is now on
notice and has been since the Administrator's order was issued that
the replacement stove has a broken handle. On remand, this
appliance should be reinspected and if free of defects, the rent
should be restored effective May 1, 1991, the first of the month
following service of the owner's application on the tenant.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
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ORDERED, that this petition be, and the same hereby is, granted to
the extent of remanding this proceeding to the Administrator for
further consideration in accordance with this Order and Opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner