DHCR Decisions
ADM. REVIEW DOCKET NO.: AI 410166 RO
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.:
AI 410166 RO
:
DRO ORDER NO.:
AB 410682 S
D.S.S. REALTY CO.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 23, 1986, the above-named petitioner-owner
filed a Petition for Administrative Review (PAR) against an order
issued on August 18, 1986 by the then Rent Administrator of the
Columbus Circle District Rent Office, concerning the housing
accommodations known as 140 East 7th Street, Apartment No. 4K,
New York, N.Y. 10009, wherein the Administrator determined the
tenant's complaint of a reduction of services.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on July 8, 1986 that found
that the apartment walls and ceilings adjacent to the exterior
walls were water-damaged and that paint and plaster above the
window frames were peeling.
In the appeal, the owner claims that the rent reduction
order was duplicative of prior rent reduction proceedings under
Docket No. 84,205-P, and that the tenant only reluctantly
provided access after several requests, but failed to cooperate
with workmen once access was granted.
The applicable law is Section 2520.6(r) and 2523.4 of the
Rent Stabilization Code.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Documentation in the record below established that the
owner's contractor completed repairs in March of 1986 that
appeared to be satisfactory. However, the July 8, 1986
inspection revealed that the conditions cited in the complaint
had reoccurred, or that the underlying cause had not been
addressed adequately. Based on the complete record, the
Administrator's determination was proper.
ADM. REVIEW DOCKET NO.: AI 410166 RO
Moreover, entries in the Rent Examiner's Progress Sheet
dated subsequent to the date of the Administrator's order
indicate that further repair work was attempted but that the
conditions remain. Examination of other Division records also
reveals that the Administrator has denied the owner's
applications to restore rent.
Concerning the owner's concern that it not be penalized
twice for the same or related conditions, the Commissioner notes
that for rent stabilized apartments, where a rent reduction order
is already in effect for any type of service decrease, no further
rent reduction is authorized by a separate subsequent rent
reduction order.
Concerning the owner's claim that the tenant fails to
cooperate in providing access, or that access is provided
grudgingly, the Commissioner notes that a "No-access" inspection
may be conducted if the tenant fails to provide access to correct
the condition cited. It is noted however, that in order to
schedule a "no-access" inspection, the owner must comply with the
requirements set forth in Policy Statement (90-5): Arranging
Repairs No Access Inspections, available to the parties upon
request. In pertinent part, the owner must submit proof that the
owner was unable to obtain access even though two letters were
sent to the tenant attempting to arrange access dates. Each
letter must have been sent at least eight days before the
proposed date for access, and the second letter must have been
sent by certified mail.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be and the same hereby
is denied and that the Administrator's order be and the same
hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO.: AI 410166 RO
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