ADM. REVIEW DOCKET NO.: BA 110118 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.: BA 110118 RO
:
DRO ORDER NO.:
ZAB 120819 S
CHI-MING LIU - OWNER
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 15, 1987, the above-named petitioner filed a
Petition for Administrative Review against an order issued by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodation known as 21-71 27th Street,
apartment A-1, Astoria, New York wherein the Administrator
determined that there had been a reduction in services and
reduced the rent.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised in the administrative appeal.
The tenant (Lucie Jude) commenced this proceeding on
February 3, 1986 by filing a complaint of a decrease in services,
alleging that the bathroom walls and ceiling were water damaged.
The tenant stated that although the owner had sent notice by
certified mail of its intent to make repairs on a specific date,
such notice, which had arrived after the specified date, was
inadequate. The tenant requested a rent reduction. On April 2,
1986, a copy of the complaint was sent to the owner.
In response, the owner stated that it was willing to make
repairs but that it had been unable to do so because the tenant
had refused to provide access. The owner submitted copies of
three letters (mailed by certified mail to the tenant on October
15, 1985, November 12, 1985, and April 15, 1986) regarding access
to make repairs.
On August 8, 1986, a staff member of the DHCR conducted a
ADM. REVIEW DOCKET NO.: BA 110118 RO
physical inspection of the subject premises. The inspector
reported that due to a leak, the bathroom walls and ceiling had
peeling paint and plaster.
On December 19, 1986, the Administrator issued the order
here under review, determining that there had been a decrease in
services and reducing the rent by $7.00 per month.
On appeal, the owner contends that the order should be
reversed because of the tenant's denial of access. In support
thereof, the owner resubmits the letters which had been submitted
to the Administrator.
In reply, the tenant denies that she has refused to provide
access and contends that the defective conditions have existed
for almost three years but the owner did not want to pay to have
repairs made.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
Section 2202.16 of the Rent and Eviction Regulations
provides in pertinent part that the Administrator may order a
decrease of the allowable rent where it is found that the owner
has failed to maintain services.
Review of the evidence of record shows that the
Administrator properly based its determination on the entire
record, including the results of the inspection conducted on
August 8, 1986. Therefore, the Commissioner finds that the
Administrator correctly ordered a rent reduction.
With respect to the owner's assertion about denial of access
and the submissions in support thereof, the Commissioner finds
that the owner has submitted no probative evidence to show the
tenant's actual refusal to permit right of entry. The
Commissioner notes that each letter, which requested access on a
specific date has been mailed only three days before the date
specified. As certified mail, these letters required the
recipient's signature upon delivery. The Commissioner believes
that this is inadequate notice. The Commissioner's opinion has
been formalized subsequently in Operational Bulletin 90-5 which
requires eight (8) days notice to the tenant.
The owner may file an application for a restoration of the
rent, if the facts so warrant.
THEREFORE, in accordance with the 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.
ADM. REVIEW DOCKET NO.: BA 110118 RO
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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