Docket Number: FB-520071-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 520071-RO
B and B West 165th Corp., DRO DOCKET NO.: ZDJ 520216-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On February 11, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on January 29, 1991
concerning t e housing accommodations relating to the above-
described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
On October 11, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment, namely:
(1) "In the bathroom the sink is broken, the door
is broken, and the ceiling needs repair."
(2) "In the kitchen the sink must be replaced,
it cannot be fixed anymore."
(3) "The front door has a broken handle and
the lock doesn't work correctly."
On November 13, 1989, the owner filed an answer, stating that it
does not know the complainant-tenant.
Thereafter on January 16, 1991 and January 18, 1991, an inspection
of the subject apartment was conducted by a D.H.C.R. inspector who
confirmed that the bathroom door frame is broken; that the bathroom
ceiling shows peeling paint and plaster, water stains and mildew
throughout; and that the entrance door to the apartment is dented.
On January 29, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
In this petition, the owner states, in substance, that repairs have
been performed; and argues that the dented apartment entrance door
is not in the tenant's original complaint and should not have been
mentioned in the Administrator's order.
The owner's petition does not make clear whether it is the owner's
Docket Number: FB-510090-RO
contention that repairs had been made before the apartment was
inspected or the order was issued, or whether the contention is that
repairs were made following the issuance of the Rent Administrator's
order. If it is the former, then the owner's allegation is belied
by the report of the agency inspector. If it is the latter, then
the Rent Administrator's order reducing the rent was nevertheless
correct when issued, and this order is issued without prejudice to
the owner filing an application for restoration of services.
However, the Administrator improperly found that "the entrance door
to the apartment is dented" when said defective condition was not
stated in the original complaint of the tenant. Accordingly, this
petition is granted in part and the Administrator's order should be
modified to omit this finding.
This Order and Opinion is without prejudice to the tenant filing
further complaints about the apartment door or other services not
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the District Rent Administrator's order be, and the
same hereby is, modified in accordance with this Order and Opinion.