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.:FF510213RO
Gertrude Bauer, RENT ADMINISTRATOR'S
DOCKET NO.:EJ510136OR
SUBJECT PREMISES:
541-551 West 204 Street
Apt. 3I
New York, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE AND
REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on May 21, 1991 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
The owner commenced this proceeding on October 19, 1990 by filing an
application to restore rent based on the restoration of services and
the tenant's consent to same.
DHCR mailed a copy of the application to the tenant.
Thereafter, an inspection of the subject apartment was conducted on
February 21, 1991 by a DHCR staff member who confirmed the existence
of defective conditions.
By an order dated May 21, 1991, the Administrator denied the owner's
application.
In this petition, the owner contends in substance that regular
exterminating services are being provided; that the tenant has to
avail of these services; that the tenant installed a partition in
the living room, causing peeling paint and plaster; and that all
other defective conditions were immediately repaired. The owner also
submitted a May 23, 1991 letter signed by the tenant indicating
completion of repairs.
FF510213RO
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted and that the Administrator's order
should be revoked.
The record establishes that the tenant consented to the owner's rent
restoration application filed on October 19, 1990; that DHCR mailed
a copy of the application to the tenant; and that the tenant
apparently did not respond to DHCR's mailing.
The record further shows that in this petition, the owner submitted
a May 23, 1991 letter signed by the tenant indicating completion of
repairs; that DHCR mailed a copy of the petition to the tenant; and
that the tenant apparently did not respond to DHCR's mailing.
Based on the foregoing, the owner's petition is granted; the
Administrator's order is revoked; and rent is restored effective May
23, 1991 when the tenant acknowledged completion of repairs.
The Commissioner notes that if the new conditions found by the
February 21, 1991 inspection still exist, the tenant may file a new
application to decrease rent based on a decrease of services.
The Commissioner notes that the owner's rent restoration application
(FF510028OR) granted on January 30, 1992 is rendered moot by this
Order and Opinion.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears should be paid in monthly
installments which shall not exceed the amount of the monthly rent
reductions revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted;
rent restoration is made effective May 23, 1991; and that the
Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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