CI 410219 RO
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.: CI 410219 RO
WILFREDO ARIAS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BJ 410101 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 15, 1988 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 19, 1988. The order concerned housing
accommodations known as Apt. 54 located at 602 West 184th Street,
New York, N.Y. wherein the Administrator ordered a rent reduction
based on a finding of failure to maintain required or essential
services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on October 5, 1987, by
filing a Statement of Complaint of Decrease In Services. He
alleged that the owner was failing to provide certain required or
essential services within the meaning of 9 NYCRR 2520.6(r). The
complaint was served on the owner, and an opportunity to respond
was given.
The Administrator ordered a physical inspection of the
premises. The DHCR inspector reported the following conditions
existed in the apartment:
1. Window screen missing in first bedroom.
2. Bedroom electrical box switch detached from wall;
wall light fixture for bathroom defective
3. Hot water shut off valve missing in bathroom
(plumbing needed under bathroom basin)
4. Hot and cold water handles improperly installed to
bath basin
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5. Apartment doorknob plate missing (loose doorknob)
6. Third bedroom floor is on drop slant
On August 19, 1988 the Administrator issued the order here under
review, in which a rent reduction was ordered effective December 1,
1987.
On appeal the owner states that the tenant has not cooperated
by agreeing on a proper time for access to do repairs. Petitioner
supplies a letter from an electrician wherein it was stated that
the tenant refused to provide access on September 9, 1988. The
owner also provided a work order/note from a
contractor which stated that, on September 8, 1988, the
following repairs were made:
1. New bathroom basin installed
2. Hot and cold water handles installed
3. Hot water shut off valve installed
The contractor stated that the tenant forced him to return to the
apartment one day after he was ready and willing to do repairs.
The tenant filed a response on November 11, 1988 wherein he
stated that he did not refuse access to the subject apartment.
He stated that he was more than willing to give access if he
could arrange the appointment in advance. The tenant also made
the following statements about the repairs which petitioner had
made to that point: that the floor was still out of alignment,
that a different knob was put on the hot water valve; that the
bathroom light was fixed; and that a new knob was put on the door
fixture.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be
denied.
The tenant has stated that he is ready to provide reasonable
access to the owner so that repairs may be completed. In light
of the fact that some repairs have already been completed the
Commissioner rejects the owner's request for reversal of the
order here under review. It is clear that the tenant has, in
fact, given access for repairs. The order here under review is,
therefore, affirmed.
The owner may file for rent restoration when all services
have been restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code
it is
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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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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