FE610438RO
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.: FE610438RO
PARKCHESTER MANAGEMENT CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: DH610215S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING RENT ADMINISTRATOR'S ORDER
On May 20, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 2, 1991. The order concerned housing
accommodations known as Apt. 6G located at 1605 Metropolitan Ave.,
Bronx, N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on August 8, 1989 by
filing a Statement of Complaint of Decrease in Services wherein he
alleged, in substance, that the owner was not maintaining certain
required apartment services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on November
20, 1989 and stated, in sum, that the required repairs had been
made. The owner attached copies of work orders signed by the
tenant which were offered to show that the repairs were, in fact,
made.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on June 20, 1990 and
revealed evidence of peeling bathroom ceiling and east wall. All
other services were found to have been maintained.
On August 9, 1990 the Administrator advised the parties of the
report of the DHCR inspector. The owner was afforded 20 days to
make repairs and provide evidence of such repairs. On October 26,
1990 the owner notified the Administrator that the required repairs
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had been done and provided a copy of a tenant sign-off. However,
the tenant also responded to the Administrator's notice on January
4, 1991 and stated that the owner had not made the required
repairs.
The Administrator issued the order hereunder review on May 2,
1991 and ordered a rent reduction based on the inspector's report.
On appeal the owner states that the tenant acknowledged in
writing that the required repairs were completed and that the order
here under review should not have been issued. The petition was
served on the tenant on June 19, 1991.
The tenant filed a response on July 3, 1991 and stated, in
sum, that the order hereunder review was correctly issued, that the
owner had not corrected the conditions reported by the inspector
and that the order hereunder review should be affirmed.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
in part and the order should be affirmed as modified herein.
Pursuant to Section 2523.4 of the Rent Stabilization Code a
tenant may apply to the DHCR for a rent reduction and the
Administrator is required to reduce the rent upon finding that the
owner is not maintaining required services. Section 2520.6 (r) of
the Code defines required services as those services required to be
provided on the base date including repairs and maintenance.
The Commissioner finds that the record establishes that the
work orders signed by the tenant are proof that repairs were
actually performed in the apartment, even though some conditions
still remain. Accordingly, the Commissioner is of the opinion that
it was reasonable for the owner to believe that all required work
was performed satisfactorily. The Commissioner modifies the
effective date of the rent reduction to the issuance date of the
Administrator's order, when the owner was put on notice of the
defective conditions, which were not completely and effectively
repaired.
The automatic stay of the retroactive rent abatement which
resulted by the filing of the owner's petition is vacated upon
issuance of this order and opinion. The Commissioner notes that
the owner's rent restoration application (Docket No. GK610102OR)
has been granted by the Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified herein. Any arrears owed as a
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result of the Commissioner's determination herein may be paid off
in twelve (12) equal monthly installments or immediately if the
tenant vacates.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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