STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CF110167RT
Brenda Foote, RENT ADMINISTRATOR'S
DOCKET NO.: BL110023OR
PETITIONER PREMISES: 87-10 51st Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on May 19, 1988 concerning the housing
accommodations relating to the above-described docket number.
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 this administrative appeal.
This proceeding was commenced on December 2, 1987 by the owner
filing an application to restore rent based on the restoration of
services. The owner stated that the tenant insisted that the
plastering and repairs be done only on Saturdays which is not a
normal working day for repairmen; and that the electrical outlet and
the baseboard molding had been repaired.
On December 30, 1987, DHCR transmitted a copy of the application to
the tenant who filed an answer denying the allegations in the
application that services were restored. The tenant further asserted
that during the rent strike, the Housing Court judge instructed the
owner to accomodate the requests for work to be done on the tenants'
days-off, including Saturdays if need be; that for one year and a
half, the owner failed at various times to schedule repairs or to
keep appointments with her; that the owner has repairmen in the
building 7 days a week but seems to be interested in fixing up the
apartments with buyers for his cooperative conversion attempt; and
that this refusal to repair is motivated by her filing a negligence
lawsuit against the owner.
A Notice of Inspection (For Access) was mailed on March 4, 1988 to
the parties concerned, directing the tenant and the owner and/or his
repair person(s) "to be present at the above apartment on March 14,
1988 at 9:00 - 9:30 AM so as to provide access to the owner for the
purposes of attending to repairs and/or restoration of services at
this time. The notice further states:
An inspector from the NYS Division of Housing and Community
Renewal will also be present at this time.
Failure of the owner and/or his repair person(s) to be present
and ready to attend to repairs and/or restore services, or
failure of the tenant to keep this appointment will result in
a determination based solely on the evidence presently in the
On March 9, 1988, the tenant informed DHCR that she could not be
home on March 14, 1988.
The tenant, the owner and the inspector agreed to have the access
date on March 22, 1988.
At 9:16 AM, March 22, 1988, the inspector, the managing agent, the
flooring handyman, the plasterman and the handyman were at the
tenant's apartment. The inspector described the incident as follows:
The tenant refused access to the workmen, but allowed the
inspector and the managing agent to view the items that needed
to be repaired. The tenant slammed the door on the workers, and
became abusive and obscene in her language and demeanor to the
inspector and the managing agent. The tenant pointed out that
the inspector and the managing agent had "gone to bed
together". The tenant pushed the inspector but refrained from
doing more when the inspector warned her not to touch or push.
When the tenant was asked if she would allow repairs to start
at this time, she said she would give access only on Saturdays.
The on-site inspection showed no evidence of defective
electrical outlet and no evidence of a cracked kitchen
baseboard. However, the bedroom and living room ceilings and
walls were in need of painting; and the living room and dinette
inside window sills were peeling paint and plaster.
On April 6, 1988, the owner informed DHCR that it is ready to do the
work at the tenant's convenience provided it is scheduled during a
normal work week, Monday through Friday, 9:00AM to 5:00PM.
By order dated May 19, 1988, the Administrator granted the owner's
application to restore rent based on no evidence of a defective
electrical outlet and baseboard molding. The tenant was directed to
allow access to repairmen during regular business hours; the owner
was directed to paint and plaster the affected areas.
In the petition for administrative review, the tenant contends in
substance that the owner canceled on a (Saturday) April 11, 1987
appointment to repair; and that the kitchen baseboard was not
On August 22, 1988, DHCR mailed the owner a copy of the petition.
The Commissioner is of the opinion that the petition should be
The Administrator's determination was based on the entire evidence
in record, including the results of the March 22, 1988 inspection
which confirmed the unreasonable refusal by the tenant to allow
repairs in the apartment. The Notice of Inspection (For Access)
which was received by the tenant clearly warns the tenant "to
provide access to the owner for the purposes of attending to repairs
and/or restoration of services at this time"; and that "failure of
the tenant to keep this appointment will result in a determination
based solely on the evidence presently in the record." Accordingly,
the determination was in all respects proper and is hereby
The unsubstantiated claims that the owner canceled on a Saturday
appointment and that the kitchen baseboard was not effectively
repaired are belied by the record.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA