FL 110161-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 110161 RO
MARGARET PECORA DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FA 110379 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 24, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 20, 1991. The order concerned
housing accommodations known as Apt 4 DL located at 42-70 156th
Street, Flushing, N.Y. The Administrator ordered 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 by filing a Statement
of Complaint of Decrease in Services on January 9, 1991 wherein
she alleged the following services deficiencies:
1. Failure to paint apartment resulting in peeling
paint and plaster
2. Defective front door to apartment
3. Leak in front hall ceiling due to water buildup on
roof
4. Lack of access to circuit breakers; superintendent
not available to repair
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response on
February 20, 1991 and stated that:
1. Apartment painted on February 11, 1991
2. Owner will investigate front door and ceiling leak
problems
3. Circuit breakers accessible through live-in
superintendent and/or certain named tenants
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on October 22,
1991 and revealed the following:
1. Hallway ceiling and wall by entrance door have
water stains
2. Apartment entrance door lock does not work
The following services were found to have been maintained:
1. Apartment has been painted and plastered
The Administrator ordered a rent reduction based on the above
report. The order here under review was issued November 20, 1991
and was effective February 1, 1991.
On appeal the owner states that the apartment was painted
during a five day period ending February 11, 1991. Since that
time, new stains have appeared in the front hallway ceiling. The
owner states that this is a "new problem" requiring the filing of
a new complaint with the appropriate notice and opportunity to be
heard. The owner also states that the items mentioned in the
order here under review were corrected.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The tenant's complaint clearly stated that the problem with
the hallway ceiling was caused by a buildup of water on the roof
and the absence of adequate drainage. These statements were
sufficient to put the owner on notice that an investigation and
possible repair of the roof was in order. It is not a defense
for the owner to state that, since the apartment was painted, any
new water stains should be the subject of a new complaint.
Clearly, the owner did not effectuate complete and workmanlike
repairs to correct the underlying problem in the first place.
With regard to the owner's statements that all other conditions
have been corrected, this statement is at variance with the
inspector's report regarding the door lock. It is settled that
the results of a DHCR inspection are entitled to more probative
weight than the unsupported statements of a party to the
proceeding. The order here under review is affirmed. The owner
may file for rent restoration when all repairs have been
completed in a workmanlike manner.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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