Adm. Rev. Docket No: FE 420190-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.: FE 420190-RO
:
301 EAST 38TH STREET CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: CJ 420354-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 17, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 16, 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 17, 1988, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment. One of the many defective
conditions is the "loss of closet space due to landlord's improper
plumbing."
The tenant's complaint was mailed on October 27, 1988 to "Wiener
Realtors," the owner/agent of said premises.
In its answer filed on November 21, 1988, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs and "massive renovation" had been
or will be completed.
Thereafter on January 16, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On January 10, 1991, the complaints of various tenants concerning
the building-wide issue of improper plumbing were referred to the
Hearings Bureau on the question of whether a recently installed,
building-wide, plumbing system resulted in a reduction of closet
space in the subject apartments. The Hearings Bureau concluded:
"Despite the owner's response, dated November
16, 1988 which does not specifically address the
question, there appears to be not doubt that the
claimed reductions in closet space have
occurred. The inspection reports, submitted in
connection with each case clearly explain that a
section, of what was previously tenant-usable
closet space, has been boxed in with sheetrock
Adm. Rev. Docket No: FE 420190-RO
and presently houses piping related to the new
plumbing."
On February 6, 1991, the owner was informed by DHCR that the
defective conditions still exist. The letter stated that ...
"you are hereby afforded an opportunity to file
the enclosed (RAS-93) forms - Application for
Modification of Services - before termination of
these proceedings.
Failure to file the enclosed forms within
twenty-one (21) days from the date which appears
above will result in a determination based
solely on the evidence of record."
On February 28, 1991, the owner requested for extended time to
respond to the February 6, 1991 letter.
The Rent Administrator directed on April 16, 1991 restoration of
these services and further ordered a reduction of the stabilization
rent.
In its petition for administrative review, the owner states, in
substance, that it was denied due process because it was not aware
of the tenant's complaint, its "particular docket numbers and
apartments" with the same problems raised by the tenant's complaint.
In reply, the tenant denied the allegations set forth in the owner's
petition.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record clearly shows that the owner (Wiener Realtors or Wiener
throughout the proceeding below and in this petition) was aware of
the tenant's complaint since October 27, 1988, when the owner was
mailed the tenant's complaint. The owner (Wiener Realtors)
responded to the tenant's complaint. Inspection of the subject
apartment found the existence of defective conditions. The Hearings
Bureau confirmed that the claimed service reduction had occurred.
Moreover, the owner had sixteen months from the date of service of
the tenant's complaint to the issuance of the Administrator's order
to investigate the tenant's complaint and to make necessary repairs,
but the owner failed to do so.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
Adm. Rev. Docket No: FE 420190-RO
ELLIOT SANDER
Deputy Commissioner
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