DOC. NO.: BL 410262-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 410262-RO
GERARD BRIERRE, : DISTRICT RENT ADMINISTRATOR'S
PETITIONER : DOCKET NO. BG 230812-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND CORRECTING CLERICAL ERROR
On December 7, 1987, the above-named owner filed a petition for
administrative review of an order issued on November 12, 1987 by a
Rent Administrator concerning the housing accommodations known as
Apartment 3B, 41 East 29th Street, Brooklyn, New York.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for review.
On July 17, 1987 the subject tenant filed an application for a rent
reduction based on the owner's alleged failure to maintain services.
On August 30, 1987 the owner interposed an answer to the tenant's
complaint wherein he alleged, in substance, that the tenant had
denied the workmen access to the subject apartment to make the
necessary repairs.
On October 2, 1987 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the complained of
conditions were as alleged by the tenant.
On November 12, 1987 the District Rent Administrator issued the
order here under review finding that a diminution of services had
occurred and reducing the tenant's rent to the level in effect prior
to the last rent guideline increase which commenced before the
effective date of the rent reduction.
DOC. NO.: BL 410262-RO
In his petition for administrative review the owner requests a
reversal of the Rent Administrator's order alleging that the tenant
was not at home on several occasions to permit access to him or his
workmen. The owner encloses signed statements from two workmen who
state that they went to the subject apartment but that no one was
home.
After careful consideration the Commissioner is of the opinion that
this petition should be denied and that a clerical error in the Rent
Administrator's order should be corrected.
The Commissioner notes that, although the owner asserts that the
tenant was not at home on several occasions to permit access to him
or his workmen, the owner has not alleged or shown any attempt to
give the tenant notice to be home to permit access to make repairs.
The Commissioner is of the opinion that the failure to make any such
attempt evinces a failure to take reasonable steps to make the
required repairs, and that the order of the Rent Administrator
should therefore be affirmed.
This Order and Opinion is issued without prejudice to the owner's
rights as they may pertain to an application to the Division for a
restoration of rent based upon the restoration of services.
The Commissioner notes that the Rent Administrator's order
incorrectly indicated that the subject premises are located in New
York, New York rather than Brooklyn, New York. The Commissioner is
of the opinion that this clerical error should be corrected.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed; and it is
FURTHER ORDERED, that the Order of the Rent Administrator be, and
the same hereby is, corrected, in that the address for the subject
premises therein be, and the same hereby is, changed to Brooklyn,
New York rather than New York, New York.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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