CG610096RO
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.:
CG610096RO
1010 EAST TREMONT REALTY CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK610028OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review (PAR) of an order issued concerning the
housing accommodation known as 1010 East Tremont Avenue, Apartment
E-3, Bronx, New York.
The commissioner has reviewed all of 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 the proceeding on November 12, 1987 by filing
an Application for Rent Restoration wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. BC610369S had been issued wherein the owner was directed to
correct the problem of mildew in the bathroom and southwest bedroom
and the defective toilet seat. The tenant was served with a copy
of the application and was afforded an opportunity to respond. The
tenant stated that the mildew had not been totally cleared.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector on May
11, 1988, who confirmed the existence of the following defective
conditions:
Mildew exists in the bathroom and Southwest
bedroom.
The Rent Administrator denied the owner's rent restoration appli-
cation.
CG610096RO
In its petition for administrative review, the owner states, in
substance, that all defective conditions that existed were repaired
on November 3, 1987, including repairs to items that were not part
of the tenant's complaint. Although on May 11, 1988, an inspector
found evidence of mildew in the bedroom and bathroom, the owner
asserts that the condition is of a reoccurring nature and the ini-
tial problem was corrected in 1987 but because the inspection was
delayed for six months, the condition reoccurred. The owner
contends that the condition found by the inspector was a new
condition of which the owner had no notice and that the rent should
have been partially restored because the defective toilet seat had
been repaired.
The DHCR served a copy of the petition on the tenant on September
2, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, a rent
reduction to the level in effect prior to the most recent guideline
adjustment is warranted based on a finding that the owner has
failed to maintain required services and remains in effect until it
is established that all services are restored. The owner's peti-
tion does not establish any basis for modifying or revoking the
Administrator's order which determined that the mildew condition
still existed. The Rent Stabilization Code requires restoration of
all conditions that an owner has been directed to restore before
rent restoration can be granted. The inspector's report of a mildew
condition confirms that the problem was not properly corrected in
an effective manner for which denial of the owner's application was
warranted.
The Division's records reveal that a subsequent rent restoration
application was granted (DJ610197OR).
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
CG610096RO
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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