ADM. REVIEW DOCKET NO.: AK-520113 RT
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-520113 RT
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AC 420427-S
AGNES FOSTER
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 10, 1986, the above-named petitioner-tenant
filed a Petition for Administrative Review (PAR) against an order
issued on October 16, 1986, by the Rent Administrator at Gertz
Plaza, Jamaica, New York, concerning the housing accommodations
known as 535 West 110th Street, Apartment No. 7J, New York, N.Y.,
wherein the Administrator determined the tenant's complaint of a
reduction of services.
The tenant's complaint alleged, in pertinent part, that the
refrigerator was defective, that the windows were drafty, and
that the kitchen ceiling plaster was seriously deteriorated.
The owner responded that the tenant refused access and that
the owner had to commence holdover proceedings to obtain access
to make repairs. The owner submitted various requests for access
mailed to the tenant but returned to the owner marked refused.
An inspection was conducted on August 7, 1986 which
disclosed that the conditions had been corrected.
On October 16, 1986 the Administrator issued an order
denying the relief requested.
Division records also reveal an order under Dock t No. UC-
001732-S, dated July 21, 1986 reducing the tenant's rent by
$11.00 based on the results of an inspection held on May 6, 1986
which revealed a refrigerator gasket that required replacement, a
loose refrigerator lock, and peeling paint and plaster in the
kitchen and foyer ceiling. Therein, the condition of the windows
was also inspected; no defects were reported.
ADM. REVIEW DOCKET NO.: AK-520113 RT
On appeal the tenant asserts that she did not have knowledge
of the proceedings herein (AC-420427-S) and that the conditions
have not been corrected.
The applicable law is Section 2202.16 of the Rent and
Eviction Regulations.
The Commissioner takes note of the basically identical
complaints filed in different district rent offices, but
processed separately, and issued by the same Rent Administrator.
Based on the complete record, including the August 7, 1986
inspection and the owner's submission that established that the
tenant's actions unreasonably delayed repairs, the Commissioner
is of the opinion that the petition should be denied. The owner
is advised to file an application to restore the rent reduced
under Docket No. UC-001732-S, if not already done so, and to
cite the instant determination.
The tenant's bare claims on appeal that the conditions have
not been corrected were belied, in part, by the May 6, 1986
inspection under Docket No. UC-001732-S, and, in whole, by the
August 7, 1986 inspection.
The tenant's claim that she was not aware of proceedings
below, arising from her complaint, is not credible.
THEREFORE, in accordance with the provisions of the Rent
and Eviction Regulations and the City Rent Control Law, it is
ORDERED, that this 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
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