CH120217RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CH120217RO
ANDREW CIBULKA,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BJ120039S
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On August 29, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
August 3, 1988, by the Rent Administrator, concerning the housing
accommodation known as Apartment 2-Right, 32-63 44th Street,
Astoria, New York, wherein the Administrator determined that the
owner was not maintaining essential services, directed restoration
of such services, and ordered a rent reduction.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered those portions of the record relevant to
the issue raised by the administrative appeal.
A review of the record reveals that the tenant filed a complaint on
October 6, 1987 in which he stated that the apartment is rent
controlled, that the owner has not painted in about 9 years, that
a rent reduction was granted before because the owner refused to
paint but that the tenant would rather have the apartment painted.
In answer to the complaint, the owner stated that he is not
obligated to paint and that the rent was reduced over $6.00 per
month over ten years ago because the apartment was not painted.
A physical inspection by a Division employee on April 5, 1988
revealed that there was peeling paint and plaster throughout the
apartment.
Based on this inspection, the Administrator issued an order
reducing the maximum legal rent by 10% per month.
CH120217RO
In the petition for administrative review, the owner asserts again
that there already was an order reducing the rent for non-painting.
In answer to the petition, the tenant states that he painted the
apartment himself because of the owner's illness.
After careful consideration of the evidence of record, the Commis-
sioner is of the opinion that the petition should be granted and
the Rent Administrator's order should be revoked.
The Division's records confirm that on March 24, 1972 an order was
issued reducing the maximum rent for the subject apartment by $6.07
per month for failure to paint and that no rent restoration
application was ever filed. Pursuant to Section 2202.16 of the
Rent and Eviction Regulations, where it is found that there has
been a decrease in essential services, the maximum rent is to be
reduced by the amount which the Administrator finds to be the
reduction in rental value bacause of the decreased services. Once
such an order has been issued, the service for which the rent was
reduced is no longer part of the rent and no further rent reduction
may be ordered for the same condition.
Any rent arrears due as a result of this order may be paid off in
installments equal to the amount of the rent reduction that is
being revoked.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is granted, and
that the Rent Administrator's order be, and the same hereby is,
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
