STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CK210152RO
BPC Management Corp.,
DOCKET NO.: CD210039OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 150 Crown Street, Apt. A-20, Brooklyn,
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 the petition.
The owner commenced the proceeding on April 29, 1988 by filing an
Application for Rent Restoration wherein it alleged that it had
restored some services and the tenant had refused access for
restoration of other services for which a rent reduction order
bearing Docket No. BH210605S had been issued wherein the owner was
directed to correct the problems of roach infestation, peeling
paint and plaster on the livingroom ceiling and walls, and the
bathroom shower ceiling is coming down. The owner attached to the
application, a receipt for $220.00 for the painting of the subject
apartment on April 6, 1988. The painter explained on the receipt
that he was required to paint the entire apartment in one day and
that he did the kitchen, hallway, and bathroom but was not
permitted by the tenant to paint the rest of the apartment.
The tenant was served with a copy of the application and was
afforded an opportunity to respond. The tenant stated that the
livingroom was not painted because the workers tried to do a rush
job, attempting to complete the work in one day when several days
had been allowed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on September 8, 1988, who confirmed the existence
of the following defective conditions:
1. There is still evidence of roach infestation in the subject
2. Livingroom walls and ceiling are peeling paint and plaster.
All other conditions were found to have been corrected.
The Rent Administrator denied the owner's rent restoration
In its petition for administrative review, the owner states, in
substance, that the tenant has refused to permit access to the
owner in order to plaster and paint the livingroom walls and
ceiling and that an exterminator is supplied on a monthly basis.
The DHCR served a copy of the petition on the tenant on January 23,
1989. In answer to the petition, the tenant stated that the living
room is the only room that was not painted.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to 2523.4 of the Rent Stabilization Code, a rent reduction
to the level in effect prior to the most recent guideline
adjustment is warranted based on a finding that the owner has
failed to maintain required services and remains in effect until it
is established that all services are restored. The owner's
petition does not establish any basis for modifying or revoking the
Administrator's order which determined that there is evidence of
roach infestation and that the livingroom walls and ceiling are
peeling paint and plaster. The Rent Stabilization Code requires
restoration of all conditions that an owner has been directed to
restore before rent restoration can be granted. The inspector's
report confirmed defective conditions that were not corrected for
which denial of the owner's application was warranted.
The owner's contention that the tenant has denied access is refuted
by the tenant and is not substantiated by adequate proof in the
form of letters scheduling appointments for repairs sent by regular
and certified mail.
The owner may file another rent restoration application if the
facts so warrant. The rent will not be restored until a rent
restoration Application is filed and granted.
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
and the Emergency Tenant Protection Act of 1974, it is,
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