FL 110191-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 110191 RO
JAGDEO SEWNARINE DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FF 110606 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 23, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 22, 1991. The order concerned
housing accommodations known as Apt 10 located at 34-51 9th
Street, Long Island City, 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 tenants commenced this proceeding by filing a Statement
of Complaint of Decrease in Services on June 21, 1991 wherein
they alleged the following services deficiencies:
1. Defective window caulking
2. Windows not secure
3. Apartment in need of painting
4. Defective electrical installation
5. Inadequate heating
6. Problems with mail box
7. Ceiling falling apart
8. Defective door lock
The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner filed a response
which stated that:
1. DHCR inspection found window caulking adequate
2. Windows installed in workmanlike manner
3. Owner has supplied tenant paint based on tenants
stated wish to paint apartment themselves
4. Electrical system not defective
5. Adequate heat/hot water as found by various
inspections
6. Tenant has own individual mail box with own lock
and key
7. Ceiling is not defective and tenants did not make
complaints with regard to defects
8. Front door lock repaired when broken
The Administrator ordered a physical inspection of the
subject apartment. The inspection was conducted on November 20,
1991 and revealed the following:
1. Inadequate caulking on all windows throughout
apartment
2. Kitchen window sashes do not meet to close and
lock properly
3. Kitchen outlets in need of repair
4. Mailbox not secured
5. Bedroom and kitchen ceiling are cracked with
peeling paint and plaster in various areas;
bathroom ceiling stained
6. Gap between door and door frame resulting in light
and air seepage
7. Apartment bottom door lock defective
The Administrator ordered a rent reduction based on the above
report. The order here under review was issued on November 22,
1991 and was effective August 1, 1991.
On appeal the owner states that the tenant's complaint was
filed because the owner received a rent increase for installation
of certain major capital improvements. The owner also states
that the Administrator failed to take the response to the
complaint into consideration and that the order here under review
was issued without the benefit of an inspection. The tenant did
not file a response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
It is apparent from a scrutiny of this proceeding that the
owner's statements in the petition are at variance with the
record. The owner did indeed file a response to the complaint
and said response was received on July 17, 1991 and was
considered by the Administrator. With regard to the contention
that an inspection was never conducted herein, the owner is
advised that a physical inspection was indeed carried out as
fully described above and revealed conditions requiring repair
for which a rent reduction is warranted. The owner has not put
forth any grounds on which to overturn the order here under
review. That order is, therefore, affirmed.
The owner may file for rent restoration when services have
been fully restored.
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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