CA610110RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CA610110RT
Ira Rafalowicz,
RENT ADMINISTRATOR'S
DOCKET NO.: AI610461S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 28, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on December
30, 1987, by the Rent Administrator, concerning the housing
accommodation known as 2190 Bolton Street, Apt. 3F, Bronx, N.Y.,
wherein the Administrator denied the tenant's application for a
rent reduction for the owner's alleged failure to maintain
services, on the basis that the tenant failed to provide access to
the Division's inspectors.
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The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint of a
reduction in services by the tenant dated September 22, 1986
alleging that two of the apartment windows either do not stay
closed or fall down when the window is locked.
The owner was served with a copy of the tenant's complaint and in
an answer stated that the tenant has barred access to her apartment
for two years since 1984, and that the window repair man has been
sent and has not been allowed in.
On October 15, 1987, on notice to the tenant, an inspection was
conducted by a Division employee. The inspection disclosed the
complained of condition, specifically that the top sash of two
windows does not stay up.
Thereafter, on December 2, 1987 this Division sent a notice to the
tenant to provide access to the apartment for the purpose of
CA610110RT
attending to repairs. The scheduled appointment date in the notice
was December 9, 1987. In a report of inspection dated December 9,
1987, the Division's inspector reported that the tenant refused the
super and the landlord access to the apartment, resulting in the
order herein appealed.
In the petition for administrative review, the tenant advised that
she did not deny access but was too sick to get to the door.
Included with the PAR was a doctor's note indicating that the
tenant took ill in November. In answer to the PAR, the owner
states that the tenant has a history of denying the super access to
the apartment, and that, while the owner is sympathetic to the
tenant's age and state of health, it cannot obtain her cooperation
when repairs need to be made. Included with the owner's answer was
a copy of a letter sent to the tenant dated August 26, 1986
advising that window repairs would be made. Also enclosed were
various notices transmitting renewal leases which indicate that the
tenant had not answered previous notices.
The tenant, through her attorney, responded to the owner's answer.
The answer however relates to an order issued under a different
docket number relating to a lease renewal. The answer has no
bearing on the order herein appealed.
After careful consideration, the Commissioner is of the opinion
that the tenant's petition should be denied.
The evidence of record reflects at least one attempt on the part of
the owner to repair the tenant's windows prior to the filing of the
tenant's complaint. While the Commissioner can appreciate the
untimeliness of the tenant's illness, the doctor's note indicates
that the illness was not sudden and that the tenant had the
opportunity to cancel the appointment in advance of the inspection
date. Under these circumstances, the Administrator's order was
correct when issued.
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,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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