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.: CA210187RT
DOCKET NO.: BD210052OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On January 20, 1988, the above-named petitioner-tenant timely
refiled a petition for administrative review (PAR) of an order
issued on November 6, 1987, by the Rent Administrator, concerning
the housing accommodation known as 218 South 3rd Street, Brooklyn,
N.Y., Apt. 29, wherein the Administrator determined that the owner
should be granted restoration of the rent based on a finding that
the tenant denied access to her apartment.
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 administrative appeal.
The issue herein is whether the Rent Administrator properly
restored the rent of the subject apartment.
On April 15, 1987, the owner filed an application for rent
restoration alleging that services for which a rent reduction order
had been issued by the Administrator, on January 30, 1987, under
Docket No. KS003004S had been restored. The owner claimed that it
had been determined in enforcement proceedings that services had
A DHCR inspection conducted on August 11, 1987, revealed that the
repairs which were the subject of the Rent Administrator's order
were not made.
On appeal, the petitioner-tenant asserted, in pertinent part, that
access was not denied to the owner's workers or to the DHCR
The petition was served on the owner on March 21, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted and the proceeding remanded to the Rent
Administrator for further processing.
The owner, on proof of restoration of those services which were the
subject of the Rent Administrator's rent reduction order is, by
law, entitled to an order of rent restoration.
The record shows that the Rent Administrator granted the owner's
application for rent restoration based upon the tenant's failure to
provide apartment access.
However, evidence in the file seems to contradict the non-access
finding. For example, signed statements from Ernesto Lopez, the
building superintendent, indicate that bathroom and livingroom
window sashes and other services were restored; thus belying the
owner's assertion that the tenant consistently refused apartment
access to its workers.
Additionally, the DHCR inspector gained access to the subject
apartment on August 11, 1987 and determined that the owner had
failed to fully restore those services enumerated in the rent
reduction order of January 30, 1987.
To the extent that the file indicates that access was obtained by
the owner and the inspector's report shows that the owner failed to
fully restore services, the Commissioner finds that the order below
should be revoked and the proceeding remanded to the Rent
Administrator for the purpose of affording the owner an opportunity
to establish that the tenant did, in fact, deny access to its
workers or that it fully restored those services specified in the
rent reduction order of January 30, 1987.
In the event the owner establishes that services were restored, the
Rent Administrator must grant rent restoration to the owner
retroactive to the date the repairs were made.
The Commissioner notes that the owner's claim that prior harassment
complaints filed by the tenant before the DHCR Enforcement Bureau
resulted in determinations that the owner was providing services is
not borne out by the record, insofar as different standards are
used in those proceedings than are used in the instant proceeding.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the petition be, and the same hereby is, granted;
that the Rent Administrator's order be, and the same hereby is,
revoked; and that this proceeding be remanded to the Rent
Administrator for further processing in accordance with this order
JOSEPH A. D'AGOSTA