ADM. REVIEW DOCKET NO. AK 110386 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. AK 110386 RO
: D.R.O. DOCKET NO.
ZAB 110822-S
SCHLESINGER MANAGEMENT CORP -
OWNER Tenant - Rose Caleca
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 26, 1986, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
November 12, 1986 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning the housing accommodation
known as 42-37 Hampton Street, Apartment 3C, Elmhurst, New York,
wherein the Administrator determined that there had been a
decrease in services and reduced the rent.
The tenant commenced this proceeding on February 3, 1986 by
filing a complaint of a decrease in service.
A physical inspection of the subject premises was conducted
by a staff member of the DHCR.
Based on the foregoing inspection, the Administrator
determined that the living room ceiling was cracked and the
apartment needed painting. Based thereon, the Administrator
reduced the rent by $18.50.
In the appeal, the petitioner contends that although it has
repeatedly conveyed, via written and oral communications, its
readiness and willingness to correct the defective conditions,
the tenant has consistently rejected the owner's attempt to comply
with the law. In support of this contention, the owner submits a
number of "Paint Orders" which indicate the work to be done in the
subject apartment.
The tenant did not reply to the petition although afforded
the opportunity to do so.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
Pursuant to Housing Maintenance Code Section 26-10.07 a
tenant must permit an owner access to make necessary repairs; by
ADM. REVIEW DOCKET NO. AK 110386 RO
denial of such access, a tenant may incur serious penalty. A
finding that a tenant has actually denied the owner access
requires the presentation of clear substantiating documentation
that the tenant was informed of the owner's desire to do the work
and subsequently refused to permit the owner entry. The "Paint
Orders" submitted by the owner do not meet this level of
substantiation. Accordingly, the Commissioner finds that the
Administrator was correct in its determination and correctly
ordered a rent reduction.
If the facts so warrant, the owner may apply for a
restoration of the rent.
THEREFORE, in accordance with the New York City Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO. AK 110386 RO
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