STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GRENADIER REALTY CORP.,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 15, 1992, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 12, 1992, by the Rent Administrator, concerning the housing
accommodation known as 261-34 Langston Avenue, Glen Oaks, NY,
Apartment 2, wherein the Administrator determined that the rent for
the subject apartment should be reduced based upon a diminution of
services. The Rent Administrator's order was based upon an
inspection held on July 21, 1992, which showed that painting and
plastering was needed on the bedroom window frame and that the
paint and plaster in the rest of the bedroom was in adequate
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.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On appeal, the petitioner-owner asserted in substance that all
relevant repair-work has been completed and that the rent reduction
should be revoked. The owner further alleged that the rent was
previously restored under Docket No. FE110126OR for the same reduc-
tion item that is the subject of the rent reduction order being
The petition was served on the tenant on September 24, 1992.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
DHCR records reveal that the rent for Apartment 2 was previously
reduced by the Rent Administrator on August 25, 1989, under Docket
No. CF110613S, based upon peeling paint, water staining and mildew
on the master bedroom walls.
The rent for the subject apartment was restored under Docket No.
FE110126OR, on October 29, 1991 and made effective July 1, 1991.
The tenant filed the subject service complaint on June 13, 1990,
under Docket No. EF120268S, which substantially reiterated the
prior service complaint.
The complaint filed on June 13, 1990 stated, among other things,
that the plastering in the bedroom was defective and the complaint
filed in the prior proceeding stated that the bedroom wall and
window sill paint was falling off.
In answer to the subject complaint, the owner asserted that all
work was performed in a workmanlike manner.
A DHCR inspection, held on July 21, 1992, revealed that although
the paint and plaster in the bedroom was in good condition;
plastering and painting was needed on the bedroom window frame.
This finding, however, is belied by the record before the Rent
Administrator in Docket No. CF110613S, which reveals that the
tenant telephoned the DHCR Compliance Bureau on May 30, 1991 and
acknowledged that the owner performed all repair work specified in
that complaint and that all directives were complied with.
Given the fact that the tenant's service complaints in both pro-
ceedings were similar and that the Rent Administrator restored the
rent under Docket No. FE110126OR while the second complaint was
pending, the Commissioner finds that the entire record under review
gives ample support and credence to the owner's claims on appeal.
Accordingly, the Commissioner finds that the rent reduction order
issued under Docket No. EF120268S on August 12, 1992 should be
revoked. It is also noted that the Administrator's order errone-
ously reduced the rent by $5.00 per month pursuant to Section
2202.16 of the Rent Control Law but the apartment is subject to
rent stabilization, not rent control.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted,
and the Rent Administrator's order be, and the same hereby is,
revoked. If rent arrears are due as a result of this order, the
tenant may pay such arrears in six monthly installments.
JOSEPH A. D'AGOSTA