FJ 410227-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.:
FJ 410227-RO
RENT ADMINISTRATOR'S
JERULEE COMPANY/JEROME MESSINGER, DOCKET NO.:
ZEB 410385-S
SUBJECT PREMISES:
145 E. 22 St., Apt. 4-C
PETITIONER New York, NY 10010
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on August 27, 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 February 21, 1990 by
filing a complaint asserting that the owner failed to paint the
subject apartment during the entire period of the tenant's
occupancy since 1982.
In its answer filed on April 20, 1990, the owner stat d in sub-
stance that "the requisite painting of the premises" had been
offered to the tenant who "requested a delay in scheduling the
work." This answer was not served on the tenant.
Thereafter on August 5, 1991, the subject apartment was inspected
by DHCR which confirmed the existence of peeling paint and
plaster throughout the apartment.
The Administrator's order issued on August 27, 1991 directed
restoration and a reduction of the stabilized rent.
In this petition, the owner contends in substance that although
the owner attempted numerous offers to paint the apartment, the
tenant refused access, claiming that the paint fumes would be
injurious to her and her newborn child.
In answer to the petition, the tenant concedes that she refused
FJ 410227-RO
the owner's offer of a paint job because she was pregnant and
then gave birth. She asserts, however, that from 1985 to 1990
the owner told her that she was not entitled to a paint job. She
adds that she vacated the apartment as of November 30, 1991.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be
granted.
Section 2523.4 of the Rent Stabilization Code provides for a rent
reduction upon application by the tenant based on a finding that
the owner has failed to maintain required services. In order for
a rent reduction to be ordered, a tenant must file a complaint
with the Division specifying repairs that are needed and if,
after notice to the owner, the failure to make necessary repairs
is confirmed by a physical inspection, the legal regulated rent
will be reduced and will remain reduced until a rent restoration
order is issued.
In the instant case, the tenant concedes that once she filed the
complaint, she did not want the owner to have her apartment
painted; and that what she really was seeking was compensation
for the many years that the apartment had not been painted.
A rent reduction, however, is not intended to compensate a tenant
for an owner's failure to maintain services for a period of time
before a complaint is filed and before notice to the owner of the
need for repairs is confirmed. Since the tenant herein admits
that she prevented the owner from correcting the condition
complained-of, a rent reduction is not warranted.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the Administrator's order be, and the same hereby is,
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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