FD120281RT
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.: FD120281RT
RENT ADMINISTRATOR'S
DOCKET NO.: EJ120073OR
Albert Coriou,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
MODIFYING ADMINISTRATOR'S ORDER
On April 17, 1991, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
April 12, 1991, by the Rent Administrator, concerning the housing
accommodation know as 94-26 34th Road, Apt. E7, Jackson Heights,
N.Y. wherein the Administrator ordered a partial restoration of the
rent that had been reduced under Docket Number AR120188S.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was commenced by the filing of an application
to restore rent dated October 2, 1990 in which the owner asserted
that the services for which the rent reduction order was issued had
been restored or that the tenant had prevented access for repairs.
In answer to the owner's application, the tenant denied the
access issue, stated that the "affected areas were painted on
access to management less than a year ago," but added that they had
deteriorated again.
An inspection conducted by a Division employee on March 8,
1991 revealed no need of paint or plaster in the bathroom but that
both bedrooms required painting and plastering. Consequently the
Administrator issued its order restoring $3.00 of the original
$9.00 reduction granted for these conditions.
In the PAR, the tenant contends that the Administrator's order
restoring the rent is in error; that the order restores the rent on
the basis that there is no evidence of peeling paint and plaster on
the bathroom walls whereas the rent reduction was granted because
FD120281RT
among other things, the bathroom had been plastered but still
required painting.
The Commissioner is of the opinion that the petition should be
denied but the Administrator's order should be modified to correct
an error.
The record reveals that the rent reduction order described the
decreased services in relevant part as follows: There was water
stain at the ceiling and walls of the bedrooms (2). The bathroom
was plastered but not painted.
The order restoring the rent found, based on inspection, that
there was no evidence of peeling paint and plaster on the bathroom
walls and ceiling. Taken together with the tenant's statement that
management painted the affected areas, the Commissioner finds that
the Administrator properly restored the rent for this service.
The Commissioner notes however that the order restoring the
rent incorrectly directs the owner to file for the remaining $6.00
after plastering and painting both bathrooms. This is a
typographical error. This sentence should read, "However, owner
may refile for remaining $6.00 after plastering and painting both
bedrooms" (emphasis added).
THEREFORE, in accordance with the City Rent Law and the Rent
and Eviction Regulations, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is, modified in accordance with this order and opinion.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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