ADM. REVIEW DOCKET NO.: FJ 220029 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.:
FJ 220029 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
DL 220567 S
KISLEV REALTY,
PREMISES: Apt. 4N,
PETITIONER : 3030 Brighton l2th St.,
------------------------------------X Brooklyn, New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner filed a timely Petition for
Administrative Review of an order issued on October 1, 1991,
concerning the housing accommodations 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 this proceeding on December 20, 1989 by
filing a complaint asserting that the apartment's refrigerator and
freezer are defective.
In its answer filed on March 14, 1990, the owner asserted that
it repaired the refrigerator as evidenced by a copy of a paid bill
dated December 5, 1989.
Thereafter, a physical inspection of the subject apartment was
conducted on September 13, 1991 by a DHCR staff member who reported
that the temperature in the refrigerator fresh food compartment (48
degrees F) and the freezer unit (20 degrees F) is inadequate and
that the refrigerator light flickers.
The Administrator directed the restoration of services and
ordered the maximum legal rent reduced by $37.00 per month.
ADM. REVIEW DOCKET NO.: FJ 220029 RO
In this petition, the owner contends that the tenant was
negligent in changing the controls of the refrigerator and that it
was normal for the refrigerator light to flicker when needing
replacement, which is the tenant's responsibility.
In answer, the tenant denied breaking the refrigerator and
asserted that the refrigerator was received second-hand, at least
ten years ago.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
Section 2202.16 of the Rent and Eviction Regulations provides
that if the owner fails to maintain services, the Rent
Administrator may order a decrease in the maximum rent in an amount
which the Rent Administrator, in his discretion, may determine.
The record in the instant case reveals that the tenant
complained about a defective refrigerator in the apartment and a
physical inspection confirmed that the refrigerator is indeed
defective.
The Commissioner notes that while the owner questions the
findings of fact the record clearly reflects those findings by
virtue of DHCR inspection which occurred on September 13, 1991.
Moreover, the owner had almost two years from the date of
service of the tenant's complaint until the issuance of the
Administrator's order to investigate the tenant's complaint and to
make the necessary repairs, but failed to do so.
Accordingly, the Commissioner finds that the Rent
Administrator properly determined that the owner had not corrected
the condition complained of and for this reason the rent reduction
is warranted.
The owner's argument that the tenant caused the damage to the
refrigerator was not raised before the Administrator and is
therefore beyond the scope of review of this administrative appeal.
This Order and Opinion is issued without prejudice to the
owner's rights as they may pertain to an application to the
Division for a restoration of rent based upon the restoration of
services.
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
ADM. REVIEW DOCKET NO.: FJ 220029 RO
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
