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.: GC410042RO
The 400 East 58th Street Co, RENT ADMINISTRATOR'S
DOCKET NO.: FJ410444S
SUBJECT PREMISES: Apt.7c
400 East 58th. St.
New York, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on February 19, 1992 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 tenant commenced this proceeding on October 17, 1991 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that the building has a
full time superintendent, a handyman and 24-hour concierge; that the
tenant never informed the owner of these conditions; and that some
of the allegations are minor and should not be considered decreased
services. The owner submitted attachments which in relevant part
concerned copies of an October 28, 1991 and a November 4, 1991
letters requesting access from the tenant. In addition, the owner
submitted copies of certificates of mailing in reference to these
requests for access. The tenant appears not to have responded to
these letters.
Thereafter, a physical inspection of the subject apartment
was conducted on January 29, 1992 by a DHCR staff member who
reported that the walls and ceiling in the bathroom have peeling
GC410042RO
paint and plaster, and two (2) of the four (4) outlets in the
kitchen are not working.
On February 19, 1992, the Administrator directed the restoration of
services and ordered a reduction of the stabilized rent.
In the petition for administrative review, the owner contends that
the electrical outlet in the kitchen has been restored by replacing
a blown fuse. As to the plastering and painting, the owner submits
copies of a November 4, 1991 and a February 18, 1992 letters
requesting the tenant for access.
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.
The record establishes that the owner submitted copies of letters
requesting access from the tenant. These letters were dated October
28, 1991, November 4, 1991 and February 18, 1992; attached were
certificates of mailing thereof. The Administrator apparently failed
to consider this evidence prior to the issuance of the order
appealed from, which is revoked accordingly.
The Commissioner notes that the owner's rent restoration application
(GC410042RO) was granted on July 7, 1993.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted, and
that the Rent Administrisator's order be, and the same hereby is,
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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