FJ420229RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FJ420229RO
28th Street Investors Co.,
RENT ADMINISTRATOR'S
DOCKET NO.: EK420436S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On October 16, 1991, the above-named petitioner-owner filed a
petition for administrative review of an order issued on September
12, 1991 by the Rent Administrator, concerning the housing
accommodation known as 139 East 28 Street, Apt. 6A, New York, N.Y.,
wherein the Administrator listed the specific services the owner
failed to maintain, reduced the rent, and directed the owner to
restore services.
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.
This proceeding was commenced by the filing by the tenant of a
complaint of decrease in services dated September 30, 1990,
alleging that the tenant in the apartment above is breeding and
harboring between 20 and 30 cats for commercial purposes, that this
activity is causing damage to the subject apartment in the form of
ceiling leakage, crumbling paint and plaster throughout the
apartment and loosened, cracked and fallen bathroom walls tiles.
In response to the tenant's complaint the owner states that there
can be no correlation between a tenant's allegedly harboring cats
and the need for plastering and painting in the subject apartment,
that it has attempted to make repairs in response to the tenant's
complaint but that the tenant refused access after owner sent two
certified letters, and that the apartment was last painted three
years ago.
As a result of the owner's claim that the tenant has blocked repair
efforts, the Division scheduled a "no access" inspection on June
FJ420229RO
11, 1991 and access dates were agreed on by owner and tenant at
which time the work was done. On July 10, 1991 the owner advised
that repairs were made and that the tenant's complaint should be
dismissed.
A subsequent inspection conducted by the Division on August 28,
1991 disclosed unworkmanlike painting in the kitchen and missing
grout in the bathroom wall tiles.
In the PAR, the owner states that: 1) the tenant has repeatedly
refused the owner access for repairs, 2) there is already a rent
reduction in place for the bathroom wall tiles, 3) all repair work
was done before the rent reduction order was issued, and 4) the
owner has already filed a rent restoration application to restore
the rent reduced in the earlier proceeding for the bathroom wall
tiles.
After careful consideration of the issues raised in the PAR, the
Commissioner is of the opinion that the petition should be granted
in part.
The portion of the order relating to the bathroom wall tiles should
be revoked, as a rent reduction under Docket number BD420618S has
been reinstated by Admin. Rev. Dkt. No. DF420231RT. The rent
reduction granted under CK420403S, which is cited herein by the
owner as being currently in effect, was revoked under ED420139RO
because the rent reduction under Docket Number BD420618S, as
previously stated, was reinstated.
Therefore, there is currently in effect a rent reduction under
BD420618S for the bathroom wall tile which precedes the order
herein appealed and renders the relevant portion of no effect.
The record is replete with statements and letters alleging each
party has obstructed repair efforts. The owner's certified letters
to the tenant requesting access precipitated the "no access"
inspection conducted by this Division and the owner's repairman was
thereafter permitted access and the repairs were performed.
However, as a result of a subsequent inspection conducted on August
28, 1991, the Administrator determined that the paint job in the
kitchen was unworkmanlike and the bathroom wall tiles had still not
been properly repaired.
THEREFORE, in accordance with the City Rent Law and Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted in
FJ420229RO
part and that the Rent Administrator's order be, and the same
hereby is, revoked as to the finding regarding bathroom walls, and
affirmed in all other respects.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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