STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
.ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDINGS TO RENT ADMINISTRATOR
The above-named owner filed a timely petition for administrative
review of an order issued on July 12, 1988, concerning the housing
accommodations known as 1177 East 98th Street, Apartment 4K,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
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 the proceeding by filing a complaint asserting
that the owner had failed to provide two air conditioner units the
tenant was entitled to as a required service. The tenant also
asserted that the empty wall sleeves permitted cold drafts to enter
the apartment during the winter.
The owner answered that "It's a false statement we (the owner) did
not supply window blinds, shades, etc."
Thereafter, an inspection was conducted by a DHCR inspector who
confirmed that there were no air conditioner units in the tenant's
apartment. The inspector also found that an air conditioner sleeve
was dented and that the cover did not fit properly.
The Rent Administrator determined only that an air conditioner
sleeve cover was dented, and directed the owner to correct the
condition, but did not grant a rent reduction.
In the petition for administrative review, the tenant points out
that the Rent Administrator's order ignored that part of the
tenant's complaint asserting that two air conditioners the owner
was obligated to provide had been missing since the 1984 inception
of the tenant's occupancy of the subject apartment.
The Commissioner concurs and, therefore, grants the tenant's
petition for administrative review.
The Rent Administrator's order is revoked, and the proceedings are
reopened and remanded to the Rent Administrator to consider the
tenant's complaint that the owner was not providing two air
conditioner units for the subject apartment.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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 and the proceedings remanded to the Rent Administrator for
further consideration, in accordance with the above.
JOSEPH A. D'AGOSTA