BI210200RO
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.: BI210200RO
708-716 OCEAN COMMUNITY CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: AL210240S
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 8, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 31, 1987. The order concerned housing
accommodations known as Apt 9 located at 716 Ocean Avenue,
Brooklyn, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on August 11, 1986 by
filing a Statement of Complaint of Decrease in Services alleging
various services deficiencies in the subject apartment. The owner
was served with a copy of the complaint and afforded an opportunity
to respond.
The owner filed a response on February 2, 1987 and stated that
the tenant had failed to pay her rent, that substantial renovations
had been made to the building, that the tenant had repeatedly
refused the owner access to do work in the apartment, that all
repairs had been done except for the repair of a loose window pane
in the bedroom and that the tenant has also refused to allow access
to the exterminator, citing her child's "asthmatic" condition as
the reason.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on May 1, 1987 and
revealed that the bathroom ceiling has a large bulge from leaks and
that there was evidence of rodent and vermin infestation in the
apartment.
The Administrator issued the order here under review on July
BI210200RO
31, 1987 and ordered a rent reduction of an amount equal to the
most recent guideline adjustment based on the report of the DHCR
inspector.
On appeal the owner states that the tenant has repeatedly
refused to give the owner or the exterminator access to the subject
apartment. The owner then states that the bathroom ceiling was
plastered and painted in December, 1986 and April, 1987. The owner
attached work sheets to the petition. These work sheets were
offered in support of the statement that the bathroom ceiling had
been repaired. The petition was served on the tenant by the owner
on September 4, 1987.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The owner's argument that the tenant has refused to provide
access is wholly unsupported by any direct evidence of specific
written requests sent to the tenant. Absent such documentation,
the claim is without merit. The Commissioner also notes that the
owner stated in response to the complaint that it had obtained
access and made all required repairs except those regarding a
window pane. If the owner was indeed afforded access to make
repairs, it had the opportunity to properly repair the bathroom
ceiling. The owner's attempt to document repairs is contradicted
by the May 1, 1987 report of the DHCR inspector. Numerous prior
decisions of the Commissioner have held that such a report is
entitled to more probative weight than the unsupported allegations
of a party to the proceeding. The owner also has not established
that exterminating services have been refused by the tenant.
Pursuant to Section 2523.4 of the Rent Stabilization Code an
tenant may apply to the DHCR for a rent reduction and the
Administrator shall reduce the rent based on a finding that the
owner is failing to maintain required services. Section 2520.6 (r)
of the Code includes repairs and maintenance within the definition
of required services. The Commissioner finds that the
Administrator based this determination on the entire record
including the results of the on-site physical inspection described
above. The order here under review is affirmed. The owner is
advised to file an application to restore rent if the facts so
warrant.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
BI210200RO
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|