ADM. REVIEW DOCKET NO.: BL 210356 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.:
BL 210356 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BD 210051-OR
MARY HONCHARAK, PREMISES: 154 Dupont St.,
#1L, Brooklyn, N. Y.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner, timely refiled a petition
for administrative review of an order issued concerning the housing
accommodation relating to the above described docket number.
The issue in this appeal is whether the Rent Administrator's
order was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
The tenant obtained a rent reduction under Docket No. KS
002539-S issued February 17, 1987, based upon an inspectorial
finding of rodent and vermin infestation in the apartment.
On April 14, 1987, the owner filed an application for a
restoration of rent, based upon a restoration of services. In the
application, the owner asserted, in pertinent part, that the tenant
was issued pesticides on January 9, 1986 in response to her
complaint of November 1985.
On May 4, 1987, the tenant interposed an answer to the owner's
application stating that an exterminator came to the subject
apartment only once, and that there was still some vermin
infestation.
ADM. REVIEW DOCKET NO.: BL 210356 RO
On August 11, 1987, an inspection of the premises was
conducted by a Division inspector. The inspector stated in his
report that there was evidence of vermin infestation in the kitchen
and bathroom.
On November 6, 1987, the Rent Administrator issued an order,
denying the owner's application and terminating the proceeding on
the grounds that the inspection of the premises on August 11, 1987,
disclosed that the complained-of vermin infestation had not been
corrected.
In her petition for administrative review, the owner contends
that on October 14, 1987, the tenant did not allow the apartment to
be serviced by the owner's pest control service, even though the
tenant was notified in advance of the service date. In addition,
the owner submitted a statement from his painting contractor, which
in pertinent part asserted that the apartment was dirty and
cluttered.
In answer to the petition, the tenant stated that the
exterminator does not come at the scheduled times.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner has not established that the condition for which the
rent was reduced has been corrected. In the application to
restore, the owner did not submit any evidence to show that the
infestation problem was corrected subsequent to the issuance of the
rent reduction order. In the petition, the owner has also not
established that regular exterminator services are provided or that
the tenant has refused access to the owner or the exterminator to
correct the infestation problem. The statement from the Pest
Control service submitted with the petition refers to one visit on
one day and does not prove that the owner has taken adequate steps
to remedy the infestation problem.
The owner is advised to file another application for
restoration of rent with evidence that exterminator services are
provided or that the tenant refuses access.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and Rent Administrator's order be, and the same hereby is,
ADM. REVIEW DOCKET NO.: BL 210356 RO
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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