ADM. REVIEW DOCKET NO.: FL210015RT
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.:
FL210015RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
EF210140S
FAITH GABEL,
PREMISES: 458 First St.
#3R
PETITIONER : Brooklyn, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order concerning the housing
accommodations relating to the above described docket number,
wherein the Rent Administrator denied the tenant's application for
a rent reduction.
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.
On June 6, 1990, the tenant commenced the proceeding below by
filing a complaint asserting that the owner failed to maintain the
following services:
1. Hallway linoleum was disintegrating
due to unworkmanlike installation.
2. No bedroom door.
On June 19, 1990, the owner was served with the tenant's
complaint and afforded an opportunity to comment thereupon. The
owner did not submit an answer.
On November 19, 1990, the tenant filed an additional
complaint, asserting that the owner failed to maintain the
following services:
ADM. REVIEW DOCKET NO.: FL210015RT
1. Outside door bell did not buzz people in.
2. Outside door did not lock properly or have
handles.
3. Toilet seat in the apartment needed to be
replaced.
Pursuant to Section 2527.5(f) of the Rent Stabilization Code,
the Rent Administrator consolidated the above-mentioned complaints
and served it upon the owner on April 3, 1991.
On May 6, 1991, the owner interposed an answer asserting that
a new bedroom door and hallway linoleum had been installed. The
owner, in his answer, requested one additional week to install a
toilet seat, in that the tenant could only provide access to the
apartment after 4:00 p.m.
On October 24, 1991, an inspection of the premises was
conducted by a Division inspector who stated the following in his
report:
1) Apartment bell and buzzer found to be operable.
2) Toilet seat adequate - no evidence of any defects.
3) Hallway linoleum in apartment was coming up at the
edges - curling - needs to be fastened - it was in
fair condition.
4) Bedroom door was secure.
On November 7, 1991, the Rent Administrator issued the order
appealed herein, denying the tenant's application on the grounds
that services were maintained.
In the petition, filed on December 2, 1991, the tenant states
that the floor covering in the hallway was not installed properly,
and still required service in that it was rolling up on the sides
as a result of not being tacked down appropriately when installed.
The tenant went on to state that this information was contained in
the inspector's report of October 24, 1991.
On March 3, 1993, the petition was served upon the owner.
The Commissioner is of the opinion that the petition should be
denied.
The tenant's complaint of June 6, 1990, asserted that the
hallway linoleum was disintegrating due to unworkmanlike
installation. The tenant's assertion was belied by the inspection
report below, which found the hallway linoleum to be in fair
condition. The curling of the floor covering was not contained in
the tenant's complaint. Had the Rent Administrator issued an order
ADM. REVIEW DOCKET NO.: FL210015RT
reducing the rent for said condition, the owner's right to due
process would have been violated, in that the owner would not have
received notice regarding said condition and afforded an
opportunity to correct same.
Based on a preponderance of the evidence, the petitioner has
offered insufficient reason to disturb the Rent Administrator's
order, and it should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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