FC110105RO/FF110304RO
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
APPEALS OF DOCKET NOS.: FF110304RO
FC110105RO
RONALD E. KATZ RENT
ADMINISTRATOR'S DOCKET
NOS.: DJ110745S
PETITIONER DJ110770S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
IN DOCKET NO. FF110304RO AND GRANTING PETITION FOR ADMINISTRATIVE
REVIEW IN DOCKET NO. FC110105RO
The above referenced administrative appeals have been
consolidated as both contain common issues of law and fact.
The above named petitioner-owner filed and refiled timely
Petitions for Administrative Review against orders of the Rent
Administrator concerning housing accommodations known as Apt. F17
located at 40-17 Elbertson Ave., Elmhurst, N.Y. The Administrator
ordered rent reductions for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeals.
The tenant commenced these proceeding on October 31, 1989 by
filing two Statements of Complaint of Decrease in Services. The
complaints were assigned the docket numbers set forth above. In
both proceedings the tenant made the identical complaint, in
substance, that the owner had failed to maintain certain required
services in the apartment.
The owner was served with a copy of the complaints and
afforded an opportunity to respond. The owner filed the identical
response in both proceedings. The owner stated that the complaints
were duplicates and that the conditions were investigated and
eliminated. The owner attached documentation to the responses, in
the form of an affidavit from a repairman and a bill for the
alleged repairs done.
The Administrator ordered a physical inspection of the subject
FC110105RO/FF110304RO
apartment in each proceeding. The inspection in Docket No.
DJ110745S was conducted on December 12, 1990 and revealed the
following:
1. Large bedroom ceiling above windows is stained and
bubbled due to water leaks. Wall around right
window is stained due to leak,
2. Small bedroom ceiling above window is stained due
to leak. Wall around left window is stained due to
leak,
3. Living room ceiling above window is stained and
blistered due to leak. Wall around window is
stained due to leak.
The inspector also reported that there was no evidence of water
leaks in the bathroom ceiling.
The inspection in Docket No. DJ110770S was conducted on
December 27, 1990. The inspector reported the identical conditions
in the living room and large bedroom. However, the inspector
reported that there was no evidence of water leaks in the small
bedroom.
The Administrator issued the order in Docket No. DJ110745S on
December 28, 1990. The order in Docket No. DJ110770S was issued on
January 10, 1991. In each case the Administrator set forth the
results of the relevant inspection reports and ordered a rent
reduction of an amount equal to the most recent guideline
adjustment.
The owner has appealed both orders and has stated that the
Administrator's findings are contradictory with regard to the issue
of leaks in the small bedroom. The owner also states that repair
work was done to the subject apartment on December 11, 1990,
December 17, 1990 and April 12, 1991. The owner attached copies of
paid bills for the alleged repair work and an affidavit from a
contractor regarding the alleged work done on December 11, 1990.
The petitions were served on the tenant.
The tenant filed a responses in both proceedings wherein he
stated that the owner did not make repairs until after the issuance
of the Administrator's orders but that services have finally been
restored.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition appealing Docket
No. DJ110745S should be denied but that the petition appealing
Docket No. DJ110770S should be granted and the order in Docket No.
DJ110770S should be revoked.
FC110105RO/FF110304RO
It is apparent that the processing and investigation of two
identical complaints filed on the same day by the tenant was in
error. The proceedings should have been consolidated by the
Administrator upon the owner's notice set forth in the responses to
the complaints. Therefore, the Administrator is of the opinion
that the order issued in Docket No. DJ110770S, which was based on
a December 27, 1990 inspection and which was issued two weeks later
than the order in Docket No. DJ110745S, should be revoked.
The order in Docket No. DJ110745S was supported by the record
and correctly issued. Pursuant to the Section 2523.4 of the Rent
Stabilization Code a tenant may apply to the DHCR for a rent
reduction and the Administrator shall reduce the rent based on a
finding that the owner has failed to maintain required services.
Pursuant to Section 2520.6 (r) of the Code, repairs and maintenance
are included within the definition of required services. The
Commissioner finds that the Administrator based this determination
on the entire record including the results on the on-site physical
inspection described above. The owner has not rebutted that
report. Although the owner claims that the living room and small
bedroom were painted on December 17, 1990, after the first
inspection but before the second, and submitted a statement by a
painting contractor to confirm this, the Division's inspector did
not find in the December 27, 1990 inspection that either the small
bedroom or living room had been painted. The order bearing Docket
No. DJ110745S is affirmed.
The Commissioner notes that the owner applied for rent
restoration and the Administrator granted this application on
February 11, 1992 in an order bearing Docket No. FH110122OR.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that the petition for administrative review bearing
Docket No. FF110304RO be, and the same hereby is, denied, and that
the Rent Administrator's order bearing Docket No. DJ110745S be, and
the same hereby is, affirmed, and it is further
ORDERED, that the petition for administrative review bearing
Docket No. FC110105RO be, and the same hereby is, granted, and that
the Rent Administrator's order bearing Docket No. DJ110770S be, and
FC110105RO/FF110304RO
the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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