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.:
PETITIONER FF 110063-OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 28, 1992, the above-named petitioner-owner filed a
petition for administrative review of an order issued on January 2,
1992, by the Rent Administrator, concerning the housing accommoda-
tion known as Apt. 3-G, 175-51 Dalny Road, Jamaica, New York,
wherein the Administrator denied the owner's rent restoration
application based on a finding that not all services had been
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 owner commenced this proceeding on May 16, 1991 by filing an
application to restore rent that had been reduced in an order
issued on June 6, 1990 in Docket EA 110342-S. In the application,
the owner stated that the screens are the tenant's responsibility,
that the apartment entrance door was replaced, and that the lino-
leum was installed by the tenant over the owner's floor.
In answer to the application, the tenant stated that the owner did
not repair the sliding windows or the linoleum.
A physical inspection on December 9, 1991 revealed that two sliding
windows in the living room were defective in that the glass panes
have stains or air bubbles, the screens and apartment entrance door
were repaired, and the linoleum was ripped, scratched, and had
Based on the inspection report, the owner's application was denied.
In the petition for administrative review, the owner asserts that
there is nothing wrong with the living room windows and that the
linoleum floor was installed by the tenant without the owner's
In answer to the petition, the tenant contends that the windows,
linoleum and apartment entrance door still require repairs.
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petition should be granted and
the rent should be restored.
The rent reduction order referred to defective screens in the
living room. The windows were not found to be defective and the
owner was not required to repair the windows in order to have the
rent restored. Accordingly, it was error for the inspector to
report on the condition of the windows and for the Rent Adminis-
trator to deny the owner's application for this condition.
As for the linoleum, it is noted that in the Commissioner's order
and opinion denying the owner's petition for review of the rent
reduction order (EG 110111-RO), the defective linoleum was deleted
as a basis for the rent reduction. The owner need not repair
flooring installed by the tenant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted,
and that the owner's rent restoration be, and the same hereby is
granted, and the rent is restored effective July 1, 1991, the month
following service of the application on the tenant.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner