Docket No. FA810275RO
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.: FA810275RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Adele C. Corcoran, NO.: NEI910191S
PETITIONER
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ORDER AND OPINION REMANDING THE PROCEEDING
The above-named owner filed a timely petition for administrative
review of the order issued concerning the housing accommodations
known as 1273 North Avenue, #5E, New Rochelle, New York.
The issue on appeal is whether the owner has failed to fulfill her
obligation to paint the subject apartment.
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 by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject premises, namely, that owner hadn't painted tenant's
apartment when requested to do so.
In its answer, the owner asserted that the tenant's apartment
didn't need painting.
The tenant replied to the owner's answer by asserting that the
apartment did need painting.
The Rent Administrator directed restoration of services.
On appeal, the owner states her willingness to paint the apartment
if it requires painting, but contends that there is no evidence
that the apartment needs painting.
The Commissioner is of the opinion that this proceeding should be
Docket No. FA810275RO
remanded.
The Administrator, in issuing its determination below did not
determine the owner's specific obligation to paint the subject
premises. The owner conceded its basic responsibility to paint the
subject apartment below when it stated in response to the tenant's
complaint that it had painted the subject apartment in the past,
and it would do so in the future when and if the apartment needed
painting. Having established an obligation by the owner to paint
the apartment, the Administrator should have determined the
specific nature of that obligation i.e., is the owner's obligation
to paint periodic or as needed?
The Commissioner notes that on January 29, 1991 the tenant filed an
Affirmation of Noncompliance with the Administrator under Docket
#FA910139NC, and that as of the date of this order this proceeding
is under the consideration of the Administrator.
THEREFORE, in accordance with the New York State rent and Eviction
Regulations, it is
ORDERED, that this proceeding be, and the same hereby is, remanded
to the Administrator. On remand, the Administrator shall determine
the nature of the owner's duty to paint the tenants apartment and
make a finding thereby; and on the basis of such finding determine
the issues raised in this proceeding.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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