FL610049RO


                                  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     SJR 6725 DEEMED DENIAL

          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.:  FL610049RO
                                                  
          MONAD REALTY INC.                       RENT
                                                  ADMINISTRATOR'S DOCKET 
                                                  NO.:  BC003920S
                                  PETITIONER            
          ----------------------------------x


            ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                   IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER

               The above named petitioner-owner filed a Petition for 
          Administrative Review on December 13, 1991 against an order of the 
          Rent Administrator issued January 30, 1987. The order concerned 
          housing accommodations known as Apt 3L located at 2141 Holland 
          Ave., New York, N.Y.  The Administrator ordered a rent reduction 
          for failure to maintain required services.  

               Subsequently, the owner filed a petition pursuant to Article 
          78 of the Civil Practice Law and Rules in the Supreme Court deeming 
          its petition denied.  A stipulation was entered into wherein the 
          DHCR agreed to issue an order no later than March 14, 1993.

               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 December 17, 1985 by 
          filing a Statement of Complaint of Decrease in Services wherein she 
          alleged, among other things, a failure to provide extermination 
          services, uneven tiles on the bathroom floor and a hole around the 
          bathroom riser.

               The owner was served with a copy of the complaint and afforded 
          an opportunity to respond. The owner filed a response on January 
          17, 1986 and stated, among other things, that a new extermination 
          company has been hired and is available for use by the tenant.  The 
          answer did not address the conditions concerning the bathroom floor 
          and riser.
           












          FL610049RO

               The Administrator ordered a physical inspection of the subject 
          apartment.  The inspection was conducted on July 7, 1986.  The 
          inspector reported "No regular extermination service--No sign 
          posted."  The inspector also reported that the floor and hole had 
          been repaired.

               The Administrator issued the order here under review on 
          January 30, 1987 and ordered a rent reduction of $13.00 per month 
          for inadequate exterminating services ($4.00), floor board to foyer 
          is missing ($3.00), kitchen requires painting ($3.00), and bathroom 
          ceiling was repaired in an unworkmanlike manner ($3.00). 

               On appeal the owner, as represented by counsel, states that 
          the owner was not served with either the complaint or a copy of the 
          Administrator's order, that the order is defective in that it lists 
          the tenant's apartment as "3C" and not "3L", and that all the items 
          listed on the order were corrected years ago when the tenant 
          informed the owner of the problems.

               The tenant filed a response on May 7, 1992 and stated, in sum, 
          that the order here under review should be affirmed.  The tenant 
          asserted that she had shown a copy of the order here under review 
          to the building manager and owner.  The owner filed a reply on 
          February 6, 1992 and stated that the tenant had not proven that she 
          had shown the order to anyone and that it was being denied due 
          process by any enforcement of the order.   
           
               After careful review of the evidence in the record, the 
          Commissioner is of the opinion that the petition should be granted 
          in part.

               A review of the record indicates that the rent was reduced by 
          the Administrator for items the tenant never complained of.  This 
          error was the result of a misfiled inspection report pertaining to 
          another apartment.  The only valid item in the order concerns the 
          exterminating service ($4.00) which the tenant herein did include 
          in her complaint. All other items must be revoked.

               The owner's assertion that it did not receive the complaint is 
          without merit.  The record indicates that the complaint was served 
          and that an answer was duly filed as described above.  However, 
          since the Administrator's order reduced the rent for conditions not 
          in the complaint, the owner may reasonably have concluded that 
          there was another complaint that it had not received.

               The order itself was not served properly at the correct 
          address for the owner and because of this error, the owner's 
          petition is accepted as a timely filing even though it was not 
          filed within 35 days of issuance of the Administrator's order.

               The owner asserted in answer to the complaint and again in the 
          petition that regular exterminating service is provided but no 






          FL610049RO

          evidence was submitted to substantiate this claim.  The tenant 
          disputed in the proceeding below that the exterminator comes on a 
          regular basis and the inspector confirmed that there was no 
          indication that regular exterminating service was being provided.  
          For the failure to provide this essential service, the $4.00 per 
          month rent reduction ordered by the Administrator was warranted for 
          this rent controlled apartment pursuant to Section 2202.16 of the 
          Rent and Eviction Regulations.

               The tenant advised the Division on August 18, 1988 in a 
          subsequent compliance proceeding that the complaint had been 
          resolved.  Considering the failure to properly serve the owner with 
          the order, depriving the owner of the opportunity to file for 
          restoration of rent, the Commissioner is of the opinion that the 
          $4.00 per month rent reduction should be restored as of September 
          1, 1988, the first of the month following the tenant's statement 
          that all services were restored.

               Pursuant to Section 2202.24 of the Rent and Eviction 
          Regulations the tenant may pay off rent arrears due the owner as a 
          result of this order in monthly installments of $13.00 per month, 
          until the arrears are paid.  If the tenant vacates, the arrears are 
          due and payable immediately.

               THEREFORE, pursuant to 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 Rent Administrator's order be, and the 
          same hereby is, modified to order a rent reduction of $4.00 per 
          month for failure to provide extermination services effective the 
          first rent payment day following January 30, 1987 and it is further 

               ORDERED, that the rent be, and the same hereby is, restored 
          effective September 1, 1988, plus all lawful increases subsequent 
          thereto.

          ISSUED:



                                                                             
                                             JOSEPH A. D'AGOSTA
                                             Deputy Commissioner
                                   






    

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