CF110148RT
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.: CF110148RT
ARTHUR WEINER RENT
ADMINISTRATOR'S DOCKET
NO.: BJ110080OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING RENT ADMINISTRATOR'S ORDER
On June 29, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 14, 1988. The order concerned housing
accommodations known as Apt 1J located at 117-01A Park Lane South,
Richmond Hill, N.Y. The Administrator granted the owner's rent
restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on October 15, 1987 by
filing a rent restoration application wherein it alleged that the
tenant had unreasonably refused the owner's efforts to restore
services for which a rent reduction order bearing Docket No.
BB110222S had been issued. The owner further alleged that the
tenant cancelled repair appointments on three different dates.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
November 22, 1987 and disputed the owner's allegations.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was a "no access" inspection where both
parties were required to be present. The parties were notified to
be present on April 11, 1988 at 9 AM. The inspector appeared at
the appointed time. The tenant was present but the owner's
representatives were not. The tenant informed the inspector that
an appointment had been made for repairs to be completed on April
18, 1988.
CF110148RT
The Administrator sent the owner a notice on May 3, 1988
wherein the tenant was requested to confirm that the repairs had
been completed on or before April 25, 1988. The tenant's response
to the notice indicated that the repairs had been completed.
The Administrator issued the order here under review on June
14, 1988 and ordered a rent restoration effective December 1, 1987.
On appeal the tenant states that rent restoration should have
been ordered effective April 20, 1988 based on the fact that
repairs were not completed until that date. The petition was served
on the owner on August 15, 1988.
The owner filed a response on September 2, 1988 and stated
that any delays in painting the apartment were caused by the tenant
and that the order here under review should be affirmed on that
basis.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be modified to order rent
restoration effective the first rent payment date following April
20, 1988.
The Commissioner finds that the failure of the owner to be
present and ready to make repairs on the date of the "no access"
inspection is dispositive of the issue herein. The owner had
requested the assistance of the agency in order to obtain access to
the subject apartment. Therefore, the failure of the owner to be
ready to make repairs on the date of the inspection requires the
Commissioner to rule that the effective date of rent restoration is
the first rent payment date following the completion of repairs.
The petition is, therefore, granted, and the order here under
review is modified to order rent restoration effective May 1, 1988,
the first rent payment date following the completion of repairs.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified herein.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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