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.: CE210055RO
BENJAMIN HAIMOWITZ RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 13, 1988 the above named petitioner-owner filed a
timely Petition for Administrative Review against an order of the
Rent Administrator issued April 11, 1988 concerning the housing
accommodations known as Apt 6P located at 315 Ocean Parkway,
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding by filing a Statement of
Complaint of Decrease in Services alleging that the owner had
failed to maintain required services.
In an answer, the owner stated that some repairs were done
after access was finally obtained and the remaining work would be
completed when the tenant again allows access. The owner submitted
copies of two letters sent to the tenant by certified mail, one
telling her to call to make an appointment for repairs and a second
describing repairs done on September 22, 23, 24 and 25, 1987 but
not completed because the tenant did not move her things out of the
way for the painter on September 28 and 29, 1987. The owner also
stated that the refrigerator is in good working order.
The tenant replied that only the door saddle was repaired and
that she made her apartment available for four days for painting
which should have been enough time. She also reiterated that the
refrigerator and other conditions cited in the complaint are still
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on February 25, 1988 and
revealed the following:
1. Peeling paint and plaster throughout the apartment
except for the kitchen and bedroom,
2. Loose kitchen floor tiles,
3. Broken tiles around edge of bathtub,
4. Large holes over the kitchen sink and cupboard and
beneath the sink,
5. Plugged refrigerator drain,
6. Unworkmanlike repairs made to the broken bathroom
The Administrator issued the order here under review on April
11, 1988 and ordered a reduction of the stabilized rent.
On appeal the owner asserts that all repairs were done and the
entire apartment was redecorated except for the kitchen and
bathroom and the owner had requested an appointment to finish the
painting by letter dated November 25, 1987 and sent to the tenant
by certified mail. The owner also states that all other repairs
have been done and that the refrigerator is not defective. The
petition was served on the tenant on June 28, 1988.
In an answer filed on July 17, 1988, the tenant asserts that
she never received the mentioned letter. She denied that any
repairs were done and she attached correspondence exchanged between
herself and the owner in 1987 regarding the four days in September,
1987 when access for repairs was scheduled which the tenant
contends should have been enough time to complete all repairs.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required services based on a staff inspection
for which the rent reduction is warranted.
The owner has not established that access was refused and, in
fact, the record reveals that access was granted for four days in
September, 1987 for painting. There is no evidence in the record
that any other repairs were even attempted. The purported attempt
to complete the painting in November, 1987 was not submitted to the
Administrator and is beyond the scope of review of this
administrative appeal. It is also denied by the tenant and makes
no reference to the other conditions cited in the complaint and
confirmed by the inspector.
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.
The owner is advised to file a rent restoration application
when all repairs are completed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA