EJ110277RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EJ110277RO
134-37 Maple Realty Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.: DK110147OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND RESTORING RENT
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 134-37 Maple Avenue, Apt.# 1B, Flushing,
New York.
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 owner commenced the proceeding in December, 1989 by filing an
Application for Rent Restoration wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. CA110690S had been issued wherein the owner was directed to
correct the problems of the bathroom ceiling and walls which are
blistering, peeling paint and plaster due to water seepage, control
the vermin infestation in apartment, and repair the livingroom
window which is broken off the track. The application contained a
statement of consent signed by the tenant on November 10, 1989
wherein the tenant confirmed that all conditions had been corrected
except that extermination services had not been provided. The
tenant was served with a copy of the application on January 6, 1990
and was afforded an opportunity to respond. The tenant stated that
the owner was entitled to a rent increase only to the restoration
amount.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on July 9, 1990, who reported that:
EJ110277RO
1. The bathroom ceiling is water stained and is in danger of
falling due to water seepage.
2. There was no evidence of vermin infestation.
3. The living room window was adequately repaired.
The Rent Administrator denied the owner's rent restoration
application.
In its petition for administrative review, the owner states, in
substance, that the bathroom ceiling was repaired and attached a
copy of the tenant's statement of consent signed November 10, 1989
revealing that the repairs were made and therefore relief should be
granted. The owner adds that if there are water stains again, the
leak may have reoccurred.
The DHCR served a copy of the petition on the tenant on November 9,
1990.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
The tenant's statement of consent is consistent with the owner's
contention on appeal that the bathroom ceiling was indeed repaired
to the tenant's satisfaction. At the time the tenant signed the
owner's application, the only matter in dispute was exterminating
service. The physical inspection by DHCR on July 9, 1990 found no
evidence of vermin infestation, establishing that this one
remaining service was being provided. The owner was not on notice
that the leak may have reoccurred and that additional repairs were
required to the bathroom ceiling. Without such notice to the
owner, denial of the rent restoration is not warranted.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted,
that the Rent Administrator's order be, and the same hereby is,
revoked, and the rent be and the same hereby is restored to the
level in effect prior to the rent reduction, plus all lawful
subsequent increases, effective February 1, 1990. Any rent arrears
due by the tenant as a result of this order may be paid to the
owner in twelve monthly installments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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