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.: CF110167RT      
                                                           
                                                             
          Brenda Foote,                          RENT ADMINISTRATOR'S
                                                 DOCKET NO.: BL110023OR           
                         
                                PETITIONER       PREMISES:  87-10 51st Ave.       
                                                            Apt. 6D
                                                            Elmhurst, NY 
           ----------------------------------X                           

            
             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.
           
          CF110167RT













          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  
               record.

          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 
          CF110167RT

          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 
          effectively repaired.

          On August 22, 1988, DHCR mailed the owner a copy of the petition.

          The Commissioner is of the opinion that the petition should be 
          denied. 

          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 
          sustained.

          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, 
          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
                                          Deputy Commissioner




                              






    

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