ADM. APPEAL DOCKET NO. FJ 220056 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 APPEAL
APPEAL OF DOCKET NO.
FJ 220056 RO
:
D.R.O. DOCKET NO.
DL 220220 - S
REIN REALTY CORP.
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On October 16, 1991, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on September 10,
1991, by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
691 Union Street, Apartment 1-R, Brooklyn, N. Y.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment.
The District Rent Administrator's order, appealed herein,
reduced the rent of the subject rent controlled apartment by $5.00
per month for leaks/stains in the bathroom; $5.00 per month for
leaks/stains in the kitchen and 7.5% per month for non-maintenance
of the water-supply. The District Rent Administrator's order was
based upon the findings of an inspection held on August 19, 1991.
On appeal, the petitioner-owner asserted, inter-alia, that the
items found to be wanting by the DHCR were never the subject of the
tenant's complaint and that the same items were of a minor nature,
insufficient to warrant a reduction in rent.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted in part.
ADM. APPEAL DOCKET NO. FJ 220056 RO
This proceeding was initiated by the filing of an Individual
Tenant Statement of Complaint of a Decrease in Services on January
22, 1990.
A careful review of the complaint shows clearly that the
tenant complained, inter alia, about constant water leaks; a lack
of heat and hot water and a general state of disrepair in the
bathroom and kitchen.
Accordingly, with regard to the leaks/stains in the bathroom
and kitchen, the owner's claim, on appeal, that the District Rent
Administrator reduced the rent of the subject apartment for service
deficiencies which were not the subject of the tenant's complaint
must be rejected.
The DHCR held an inspection of the subject apartment on August
19, 1991 which revealed, inter alia, that a number of complained-of
conditions had been corrected. For instance, the inspector's
report revealed that the apartment had been recently plastered and
painted and that there was no evidence of fumes or odors. The
inspector's report, however, also noted evidence of water-stains in
the bathroom and kitchen and deficient water service. The report
noted that the hot-water temperature at the time of the inspection
was 110 degrees fahrenheit.
Section 2202.16 of the Rent and Eviction Regulations provides
that an owner's failure to maintain services may result in an order
of decrease in maximum rent, in an amount determined by the
discretion of the Administrator.
The New York City Housing Maintenance Code requires that hot
water be supplied at all times at a constant minimum temperature of
120 degrees. The inspection report finding a temperature of 110
degrees confirms the tenant's complaint that this service is
inadequate.
The Commissioner finds, however, that the Administrator's
order specifying "Water Supply" as the defective condition was
misleading in not putting the owner on notice that it was
inadequate hot water that had been reported by the inspector and
that had to be corrected. The owner correctly concluded that a
water supply problem was not included in the tenant's complaint.
The 7.5% rent reduction is therefore revoked.
The Commissioner further finds that the matter should be
remanded to the District Rent Administrator for the purpose of
ADM. APPEAL DOCKET NO. FJ 220056 RO
conducting another inspection of the subject apartment to determine
whether the owner is supplying hot-water at a constant minimum
temperature of 120 degrees fahrenheit.
The Commissioner has also considered the owner's contention
that the tenant's complaints were minor in nature and unworthy of
a rent reduction and rejects same. Although the inspection
revealed that the apartment had been plastered and painted, the
source of the leak damage had evidently not been addressed and the
leak stains in the kitchen and bathroom that the tenant complained
about continue to persist. Such conditions, even if minor in
scope, warrant a rent reduction when allowed to continue without
proper repair.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the order of the District Rent
Administrator be, and the same hereby is, modified, to revoke the
7.5% rent reduction for "water supply." This proceeding is
remanded to the Administrator to determine whether the owner is
supplying adequate hot water. The order of the District Rent
Administrator is hereby affirmed in all other respects.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
