FL 110155-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.: FL 110155 RO
SHIRLEY GUZMAN DISTRICT RENT
C/O JRD GROUP I LTD ADMINISTRATOR'S DOCKET
NO.: FH 110238 S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On December 16, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued December 6, 1991. The order concerned
housing accommodations known as Apt 4R located at 155-01 90th
Ave, Jamaica, N.Y . The Administrator order a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on August 9, 1991 by
filing a Statement of Complaint of Decrease in Services
wherein she alleged the following services deficiencies:
1. Kitchen--defective stove, electrical outlet inside
socket loose, cabinet drawers and beams in need of
repair, cabinet hinge does not allow door to close
properly
2. Bathroom--ceramic tiles do not match, tiles
cracked under sink, towel rack missing, electrical
outlet in need of replacement, bathtub in need of
caulking
3. Bedroom--black tar on inside of window causing
damage to my venetian blinds, hole in wall where
door stopper was, ceiling in need of plastering,
electrical outlets must be replaced, hole in
window sill
4. Living room--west window has large gap at top,
east window does not close properly, floorboard
warped and raised
The tenant also stated that her apartment door number was
missing.
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
August 27, 1991 and requested that DHCR dismiss the docket
because the parties had reached an agreement in New York City
Civil Court wherein the tenant agreed to provide access for
repairs. The owner stated that the tenant did, in fact, provide
access and repairs were made. Copies of requests for service
signed by the tenant were annexed to the answer. The owner
stated that the only remaining repairs to be completed were
replacement of living room windows, replacement of certain stove
parts and carpentry work. The owner also annexed a copy of the
aforementioned stipulation, which was dated August 5, 1991.
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on November 21,
1991 and revealed the following:
1. Bathroom tiles in tub area loose and in need of
grouting; tiles replaced in different shade
2. Living room blinds damaged due to poor caulking
3. Living room window molding not painted
The following services were found to have been maintained:
1. Kitchen cabinet handle and latch working
2. Bathroom electrical outlet functioning
3. Bathroom towel rack replaced
4. Bathtub plumbing functioning
5. No problem with bedroom window caulking
6. No problems with bedroom wall, ceiling or outlet
7. No problem with bedroom window sills
8. No problem with living room floor
9. Apartment door number removed by tenant
The Administrator issued the order here under review on
December 6, 1991 and ordered a rent reduction of one guideline
increase effective September 1, 1991.
On appeal the owner states that the bathroom tiles were
repaired, that the living room windows were replaced and caulked
but that the tenant's original complaint did not include window
painting and that the venetian blinds were not services required
to be maintained by it. The owner included copies of work orders
signed by the tenant, which are offered to support the owner's
contention that repairs have been made.
The tenant filed a response on February 7, 1992 wherein she
stated that the owner had not made the repairs claimed by it in
the petition.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
granted and the rent reduction ordered by the Administrator
should be revoked.
The evidence of record does not support a finding that the
owner has failed to make necessary repairs. The tenant's
complaint implicitly acknowledged that tile work was done in the
bathroom but alleged that the new tiles did not match. The
Division has consistently held that, in the absence of other
defects, non matching tiles does not warrant a rent reduction.
(Accord DE 610073 RT) Moreover, the tenant complained about
cracked tiles under the sink while the Administrator's order
refers to loose tiles needing grout in the tub area, a different
condition and not one which the owner was notified of in the
complaint.
The tenant referred in her complaint to damage to "my
venetian blinds" and the owner contends in the petition that it
does not provide this service. Since venetian blinds are
generally not caulked, the condition apparently refers to
caulking material spilled on the blinds while the windows were
caulked. Damage to a tenant's property, even if caused by an
owner, does not warrant a rent reduction under the Rent
Stabilization Law and Code and the tenant's recourse is to file a
claim with the owner's insurance carrier or seek compensation in
a court of competent jurisdiction.
With regard to the windows, the record reveals that in
response to the tenant's complaint, the owner did replace the
living room windows but the job was not completed in that the
moldings were not painted. The tenant obviously could not have
included this in her complaint because it is a condition that
resulted only as a consequence of the installation of the new
windows. The owner, however, may not have been aware that the
moldings had not been painted. Although a rent reduction for
this item is not warranted since the owner may not have had
notice of it, the owner is directed to correct this condition
within thirty (30) days of the issuance of this order and the
tenant is advised to contact the Compliance unit of this agency
if the necessary repairs are not done. If noncompliance is
found, a rent reduction or other penalties may be awarded.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. Any arrears the tenant may owe as a result
of this order may be paid off in 6 (six) equal monthly
installments.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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