CG620097RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CG620097RO
Parkchester Management Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: BJ620258S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 14, 1988, the above-named petitioner-owner filed a timely
petition for administrative review (PAR) of an order issued on
June 9, 1988, by the Rent Administrator concerning the housing
accommodation known as 1960 East Tremont Ave, Apt.7C, Bronx, N.Y.
wherein the Administrator determined that the rent for the subject
apartment should be reduced upon a diminution of services.
The record indicates that the tenant filed a complaint on
October 15, 1987 alleging, in relevant part, that a persistent leak
has caused water damage to the ceilings in the entrance and second
foyer.
The Rent Administrator's order was based upon an inspection held on
May 5, 1988 which confirmed that the ceilings have waterstains.
Based on this report, the owner was directed to restore services,
and a rent reduction of $6.00 per month was ordered.
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 administrative appeal.
In the petition for administrative review, the owner asserts, in
substance, that the roof was repaired and there is no longer a leak
but the tenant does not want the water damaged area painted at this
time.
CG620097RO
In answer to the petition, the tenant states that the roof was
repaired, the ceiling is now dry, and she does not want the
painting done until the entire apartment is scheduled to be
painted.
After careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
The record indicates that the owner filed a timely answer to the
complaint in which it stated that the repairs were made to the roof
but that the tenant did not wish to have the painting done. This
answer did not reach the Administrator before the order was issued
and was never served on the tenant. The allegation that all
repairs were done except for those which the tenant wished to
postpone was not considered by the Administrator.
The physical inspection, held on May 5, 1988, revealed evidence of
water damage but did not confirm that an actual leak still existed.
Moreover, the tenant has conceded in the appeal proceeding that the
ceiling is dry and a painting is not desired at this time.
A rent reduction is not warranted and must be revoked.
THEREFORE, in accordance with the provisions of the Rent and
Evictions Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, granted,
and the Rent Administrator's order be, and the same hereby is,
revoked. The tenant may pay any rent arrears due as a result of
this order in monthly installments of $6.00 per month.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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