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.:IC210290RO
Anthony Sorrentino, RENT ADMINISTRATOR'S
DOCKET NO.:GE210386S
SUBJECT PREMISES:
620 80 Street
Apt. 2F
Brooklyn, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR' ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on March 21, 1994 concerning the housing
accommodations relating to the above-described docket number.
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 this proceeding on May 26, 1992 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment. In relevant part, the tenant
stated that the owner installed a bathroom cabinet which did not
fit.
In an answer filed on June 23, 1992, the owner denied the
allegations and otherwise asserted that services are being provided
and maintained. In relevant part, the owner stated that he was not
able to find an exact replacement for the bathroom cabinet; and that
he purchased a smaller bathroom cabinet which was installed with
moulding to make it fit properly.
The tenant filed another statement on January 27, 1994, asserting in
substance that the owner continued to fail to maintain services.
Thereafter, on February 23, 1994, a physical inspection of the
subject apartment was conducted by a DHCR staff member who reported
that the bathroom sink cabinet door was off the hinges.
By an order dated March 21, 1994, the Administrator directed the
restoration of services and ordered a rent reduction.
IC210290RO
In this petition, the owner contends in substance that the tenant
never complained about the bathroom sink cabinet door off the
hinges, but about the bathroom cabinet not fitting properly. In any
case, the owner alleges that the complained-of condition was
corrected in June 1992.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted.
The record establishes that the owner did address the complained of
conditions. The Commissioner finds that the condition relating to
the bathroom sink door being off the hinges was not set forth in the
tenant's original complaint, which stated that the bathroom cabinet
did not fit properly; and that the owner did install in June 1992 a
smaller replacement bathroom cabinet, with moulding to make it fit
properly.
This Order and Opinion is issued without prejudice to the right of
the tenant to file a service reduction complaint regarding the
condition found by the inspector if the facts still so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted, and
that the Administrator's order be, and the same hereby is, revoked.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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