GD 210180 RO
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.: GD 210180 RO
HELEN KOSLOWSKI RENT
ADMINISTRATOR'S DOCKET
NO.: FI 210427 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 20, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 18, 1992. The order concerned housing
accommodations known as Apt B9 located at 2402 63rd Street,
Brooklyn, N.Y. The Administrator 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 June 20, 1991 by
filing a Statement of Complaint of Decrease in Services wherein
the following services deficiencies were alleged:
1. Kitchen bottom wall broken,
2. Toilet does not flush properly,
3. Shower does not work properly; water temperature
fluctuates,
4. Bathroom tiles broken,
5. Defective windows throughout apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October
15, 1991 and stated that repairs were made to the flushometer and
tiles in September, 1991. The owner also stated that the shower
faucet was working properly, that the kitchen ceilings and walls
are brand new, that the tenant had refused to pay a rent increase
for the installation of new thermal break windows, and that the
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tenant had refused to allow the owner further access to the
apartment.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 2, 1992 and
revealed the following:
1. Shower head in shower stall inoperative,
2. Bathroom wall tiles require grout,
3. Kitchen, main and second bedroom windows
require putty, rattle and contain defective locks.
The following services were found to have been maintained:
1. Kitchen wall,
2. Toilet flushes properly.
The Administrator issued the order here under review on March
18, 1992 and ordered a rent reduction of an amount equal to the
most recent guideline adjustment based on the report of the
inspector.
On appeal the owner states that the shower and windows have
been repaired. The tenant filed a response on June 25, 1992 and
stated that repairs had been completed by May 31, 1992 and not in
April.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The relevant inquiry in deciding this administrative appeal is
whether the Administrator was correct in issuing the order here
under review based on the evidence in the record at the time of
issuance. The Commissioner finds that the Administrator was
correct. Repairs by the owner that were made subsequent to the
issuance of the Administrator's order have no relevance to the
inquiry described above.
Pursuant to 9 NYCRR 2523.4 a rent stabilized tenant may apply
to the DHCR for a rent reduction and the Division is required to
order a rent reduction based upon a finding that the owner has
failed to maintain required services. Repairs and maintenance fall
within the definition of required services pursuant to 9 NYCRR
2520.6(r). The Commissioner finds that the Administrator based
this determination on the entire record including the results of
the on-site physical inspection conducted on March 2, 1992. The
order here under review is affirmed. However, based on the
tenant's concession tht all repairs were completed by May 31, 1992,
the Commissioner is of the opinion that the rent should be restored
as of June 1, 1992.
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THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed but the rent is restored effective June 1,
1992.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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