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.: CC210377RO
CAPE MANAGEMENT CORP., DOCKET NO.: BK210527S
PREMISES: 4200 AVENUE K
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of the Administrator's order issued on March 10, 1988
concerning the housing accommodations relating to the above-
described docket numbers.
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 administrative appeal.
The tenant commenced this proceeding on November 23, 1987 by filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
On December 30, 1987, the Division transmitted a copy of the
tenant's complaint to the owner.
In an answer filed on January 21, 1988, the owner asserted that the
tenant had failed to permit access for repairs.
On January 20, 1988, a physical inspection of the subject apartment
was conducted by a DHCR staff member who confirmed the existence of
numerous defective conditions.
Thereafter, a Notice of Inspection (For Access) was mailed on
February 15, 1988 to the tenant and the owner, directing these
parties to be present at the subject apartment on February 23, 1988
at 10:30-11:30 AM so as to provide access to the owner for the
purposes of attending to repairs and/or restoration of services at
that time. The Notice of Inspection (For Access) stated that
"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 February 23, 1988, an inspection for access was conducted by a
DHCR staff member who reported that the owner and its repairmen
were not present, and that numerous defective conditions continue
The Administrator directed the restoration of services and ordered
a reduction of the stabilized rent for these decreased services:
1. Loose toilet bowl and toilet pipe.
2. Defective intercom.
3. Defective kitchen floor near sink and window.
4. Seven (7) paint clogged wall sockets.
5. Bedroom and living room are peeling paint.
6. Bedroom door has broken knob, chipped paint, and
7. Large hole behind kitchen stove.
8. Stove is not level.
In the petition for administrative review, the owner contends that
the DHCR inspector and the tenant failed to attend the February 23,
1988, 11:00 AM inspection. The owner attached to the petition a
copy of the Notice of Inspection (For Access).
In answer, the tenant asserted in substance that it was the owner
who was absent at the scheduled inspection for access.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The record belies the owner's contention. On February 15, 1988, a
Notice of Inspection (For Access) was mailed to the tenant and the
owner, directing these parties to be present at the subject
apartment on February 23, 1988 at 10:30-11:30 AM so as to provide
access to the owner for the purposes of repairs and/or restoration
of services at that time. The inspector reported that numerous
defective conditions do exist and though duly notified to do so,
the owner and its repairmen were not present.
Accordingly, the Administrator's determination was correct in all
respects and is hereby sustained.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
Joseph A. D'Agosta