ADM. REVIEW DOCKET NO.: BL 610362 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BL 610362 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
ZBD 610041 OR
MARTIN SHAPIRO, PREMISES: 1234 Fulton
Ave., Apt. No. 7,
Bronx, NY
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for
administrative review of an order issued on November 6, 1987
concerning the housing accommodations relating to the above-
described docket number wherein the Administrator denied the
owner's application for rent restoration based on a finding that
the defective conditions had not been corrected.
The issue in this appeal is whether the 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 owner commenced this proceeding on April 2, 1987 by filing
an application to restore rent based on the tenant's unreasonable
refusal to permit the owner to complete repairs which were the
basis for a rent reduction order (Docket No. AG 610845 - S) issued
on March 11, 1987. The owner submitted copies of an affidavit
dated January 30, 1987 by a repair person who was allegedly refused
access by the tenant and a list of work done purportedly initialed
by the tenant.
ADM. REVIEW DOCKET NO.: BL 610362 RO
On April 24, 1987, the Division sent the tenant a copy of the
owner's application and the tenant filed an answer advising that
repairs were initiated on March 9, 1987 but never completed.
On September 16, 1987, a Division staff member made a physical
inspection of the subject apartment and confirmed the continued
existence of defective conditions.
On November 6, 1987, the Administrator issued the order
hereunder review, determining per the inspector's report that the
entire apartment windows are in need of scraping, painting and
putty; that there is a hole inside the kitchen cabinet; that the
hallway ceiling is water-stained and needs painting; and that the
apartment front door lock is defective. Based on this finding of
a continued decrease in services, the Administrator denied the
owner's application.
In this petition, the owner again asserts the tenant's refusal
of access and resubmits the same documentation submitted in the
proceeding below.
In answer, the tenant denied refusing access and otherwise
asserted the continued existence of defective conditions.
The Commissioner is of the opinion that the petition should be
denied.
Review of the evidence of record shows that the Administrator
based his determination on the entire record, including the results
of the Division's September 16, 1987 inspection report which
identified and corroborated the owner's failure to repair the
conditions cited in the rent reduction order. Therefore, the
Commissioner finds that the Administrator correctly determined that
the owner had failed to restore services and properly denied the
owner's application.
The owner has not established that access to complete repairs
had been denied. Pursuant to Policy Statement 90-5, evidence of no
access must include copies of two letters to the tenant attempting
to arrange access dates. The second letter must be sent by
certified mail, return receipt requested, and the return receipt
must also be submitted. The owner herein did not submit any such
evidence.
The owner's submission of copies of an affidavit by a repair
person who was allegedly refused access and a list of work done
ADM. REVIEW DOCKET NO.: BL 610362 RO
purportedly initialed by the tenant does not prove unreasonable
refusal of access by tenant. The alleged repairs of some of the
windows, the locks and cabinets as indicated in the list are
contradicted by the findings of the physical inspection.
The owner is advised to file another rent restoration
application when all repairs are completed or the tenant's refusal
to permit access can be documented.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, 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
|