GA 210085-RO
                                    STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          APPEAL OF                               DOCKET NO.:                  
          GA 210085-RO     
                                                  RENT ADMINISTRATOR'S
                   A & S REALTY CO.,/             DOCKET NO.:
                   CARL D. SILVERMAN              EE 210229-S 

                                                  70 Prospect Park So. West
                                   PETITIONER     Brooklyn, NY


          The above-named  owner timely filed a petition for administrative 
          review of an order issued on December 30, 1991, concerning the 
          housing accommodations relating to the above-described docket 
          number wherein the Administrator ordered a rent reduction based on 
          a finding of a decrease in services.

          The issue in this appeal is whether the Administrator's order was 

          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.

          This proceeding was commenced on May 15, 1990 by a rent-stabilized 
          tenant filing a complaint of a decrease in services, alleging 
          inadequate heat and hot water services, a broken elevator, water 
          leaks, dirty incinerator room, holes in kitchen and bathroom, dirty 
          hallways and stairs, painting needed, defective exterior frames and 
          sashes, defective sink faucets and wall tiles in the bathroom.

          On May 22, 1990, the Division mailed the owner a copy of the 
          tenant's complaint.

          GA 210085-RO

          In an answer filed on June 11, 1990, the owner stated in substance 
          that "all repairs have been made", and that he "is in receipt of 
          tenant's signed acknowledgment that all repairs are made."

          The tenant informed the Division that her apartment had not been 
          painted in the last two years; and on July 18, 1991, the Division 
          requested from the tenant and the owner additional evidence con- 
          cerning this matter.

          On July 31, 1991, the owner submitted a copy of a May 2, 1990 bill 
          in the amount of $900.00 for repair of the ceiling and walls and 
          complete painting (2 coats) and plastering.

          On October 29, 1991, an on-site inspection of the subject apartment 
          was conducted by a Division staff member who reported that the 
          bathroom ceiling has peeling paint and plaster; that the two bed- 
          room window frames are rotted; that the living room left window 
          frame is rotted; and that the hot water faucet in the bathroom 

          On November 20, 1991, the Division mailed to the tenant a copy of 
          the owner's answer dated July 31, 1991.

          In a reply filed on December 6, 1991, the tenant stated in 
          substance that the owner's bill for repair in the amount of $900.00 
          on May 2, 1990 is overpriced when "all the walls and ceilings were 
          not painted."

          Based on the October 29, 1991 inspection, the Administrator deter- 
          mined on December 30, 1991 that the bathroom ceiling, the window 
          sash/frame in one bedroom, the window sash/frame in the living 
          room, and the bathroom plumbing and faucet had not been maintained; 
          and that the services maintained were the kitchen ceiling and the 
          bathroom walls.  The Administrator directed the restoration of 
          services and ordered a reduction of the stabilized rent to the 
          level in effect prior to the most recent guideline increase 
          effective June 1, 1990.

          In the petition for administrative review, the owner contends in 
          substance that the tenant failed to inform the owner of these 
          conditions and purposely allowed the situation to deteriorate in 
          order to get a rent reduction.  The owner submitted a copy of the 
          Administrator's order, on same was a copy of the tenant's hand- 
          written note and signature dated January 10, 1992 that work was 
          done on services not maintained.

After careful consideration, the Commissioner is of the opinion 
that this petition should be denied.

The Commissioner notes that although the owner submitted in the 

          BI 230194-RO

          petition but not in the proceeding below before the issuance of the 
          order a copy of a tenant's note dated January 10, 1992 that work 
          was done on services not maintained, the Administrator's order was 
          nevertheless correct when issued.  The Administrator's 
          determination was based upon a staff inspector's report which found 
          decreased services within the apartment. This determination was in 
          all respects proper and is hereby sustained.

          The record does not support the owner's contention that it was not 
          informed of the complained-of conditions.  The owner answered the 
          tenant's complaint.  The owner's submitted evidence shows that 
          repairs were performed subsequent to issuance of the Administra- 
          tor's order and is thus beyond the scope of administrative review.

          This Order and Opinion is issued without prejudice to the grant of 
          the owner's application for rent restoration under Docket No. GA 

          The owner may apply for rent restoration based upon the restoration 
          of services if the facts so warrant.

          THEREFORE, in accordance with the Rent Stabilization Law and Code, 
          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, 


                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner




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