ADM. REVIEW DOCKET NO.: BC 610184 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.: BC 610184 RO
: D.R.O. DOCKET NOS.:
AJ-610032 RP
AC 610561-S
LOVENTHAL MANAGEMENT CO.
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 19, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 18, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning housing accommodations
known as Apartment 1-E at 3800 Independence Avenue, Bronx, New
York 10465, wherein the District Rent Administrator determined
that the owner had failed to maintain services and accordingly
reduced the rent of the subject accommodation.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The applicable section of the Law is Section 2523.4 of the
Rent Stabilization Code.
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 by the administrative appeal.
This proceeding was commenced by the filing of a complaint
of decrease in services in which the tenant stated, among other
things, that the garage ceiling leaks; a portion of the
apartment's parquet tiles are loose and pulled away; the living
room and kitchen ceilings are cracked; the last paint job was
unworkmanlike and the entire apartment is in need of painting.
In response to the tenant's complaint, the owner stated
that all required repairs had been made, and that the house
painter and superintendent had been repeatedly denied access.
The tenant's complaint was erroneously terminated (Docket
No. AC-610561-S) on October 6, 1986, for failure to submit
ADM. REVIEW DOCKET NO.: BC 610184 RO
required information. When that information was located, on
December 16, 1986, the proceeding was reopened under Docket
Number AJ 610032 RP.
An inspection was conducted on January 20, 1987 that found
the following: evidence of a leak in the parking area, space no.
30; parquet floors requiring replacement in several areas;
kitchen and living room ceilings with minor cracks; the entire
apartment in need of painting.
By order issued on February 18, 1987, the Administrator
revoked the October 6, 1986 order; determined, based on the
physical inspection, that there had been a decrease in services,
and ordered a reduction of rent of one guideline effective May
1, 1986.
In this petition, the owner contends that all work has been
completed; that the tenant never occupied the leaking garage
space; that the painter and the superintendent were, up to the
time of the Administrator's order, denied access. Additionally,
the owner at PAR submitted a letter from the tenant, dated March
10, 1987, that the required repairs had been completed, and that
she vacated garage space no. 30.
In answer, the tenant states, with regard to the painting,
that the painting was completed but she was required to supply
the paint of the quality she desired. She defends her reluctance
to admit the painter by asserting she did not wish a repetition
of his previous performance, saying he did not paint but merely
covered the dirt and roaches with watery paint and spattered
paint on the floors. The tenant further states, that the tiles
have been repaired, but that the work is not satisfactory.
Concerning the leaking garage space, the tenant, in response
to a Division inquiry, stated that she occupied space no. 18 or
19, from the date she took occupancy until 1986, when she ceased
using the garage, and submitted copies of checks in payment of
rent for those spaces.
The Commissioner is of the opinion that this petition should
be granted, and the Administrator's order be revoked.
The Commissioner finds that the petitioner has provided
sufficient evidence, in the form of certified letters dated
October 11, November 27, and December 6, 1985 requesting access
for the required repairs and painting, that reasonable access was
denied by the tenant, thus preventing performance of the
required tasks.
The tenant, in answer to the petition, admits refusing
access to the painter, because of the poor workmanship of his
prior paint job in 1982. The Commissioner finds that denial of
access in anticipation of a repetition of shoddy workmanship is
unjustified. The tenant was obligated to provide access to
permit the work to be performed. Thereafter, should the work
have proved unsatisfactory, the tenant's remedy would have been
to file a complaint of decrease in services with the Division.
ADM. REVIEW DOCKET NO.: BC 610184 RO
The Commissioner finds that the tenant has failed to establish a
reasonable basis for denying access to the owner's painter and
repairmen.
Concerning the garage, the acknowledgment by the tenant that
she occupied parking space no. 18 or 19, rather than space no.
30, the site of the leak found on inspection, supports the
owner's contention that she did not occupy the leaking garage
space; therefore the evidence of a garage leak in space no. 30 is
not relevant to a finding of reduced services for this tenant.
If the owner has already complied with the Administrator's
order, and there are arrears due to the owner as a result of the
instant determination, the tenant is directed to repay the
arrears in 12 equal monthly installments. Should the tenant
vacate after the issuance of this order, or have already vacated,
said arrears shall be payable immediately.
This order is issued without prejudice to the tenant's right
to again file a complaint and request a rent reduction for any
current service decreases, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same
hereby is, granted, and that the order of the District Rent
Administrator be, and the same hereby is, revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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