CB610002RO
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.: CB610002RO
Stanley Wasserman,
RENT ADMINISTRATOR'S
DOCKET NO.: BB610726S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 17, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
January 15, 1988, by the Rent Administrator, concerning the housing
accommodation known as 2780 University Avenue, Bronx, New York,
Apt.# 4-R, wherein the Administrator determined that a reduction in
rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues set forth in the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment based upon a reduction in
services.
On February 24, 1987, the tenant filed a complaint alleging that
the owner failed to maintain services. The tenant asserted that
the installed windows were defective and that the apartment had not
been painted in three years.
The owner filed an answer to the complaint alleging that the
windows were repaired but that painting services could not be
completed because of the tenant's refusal to provide access.
A DHCR inspection conducted on July 15, 1987, revealed:
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1. Water damaged master bedroom.
2. Bathroom ceiling is peeling paint and plaster.
3. Living room ceiling is water damaged.
The windows were found to be in satisfactory condition:
The owner has alleged that the tenant failed to provide access,
therefore, a "no access" inspection was scheduled for December 1,
1987, to afford the owner an opportunity to complete painting
services. The inspector reported that the tenant, the owner's
agent and the painter were present at the scheduled inspection but
the tenant was ready for repairs, so she stated.
The tenant sent a letter dated December 1, 1987 stating that the
inspection notice was received on November 27, 1987 and did not
afford the tenant sufficient time to prepare for painting.
On appeal, the petitioner-owner asserted, in pertinent part, that
he tried several times to gain access to the tenant's apartment to
complete the painting but that the tenant was uncooperative. He
further alleged that the tenant is primarily interested in having
a reduced rent instead of having the service deficiencies
corrected.
The petition was served on the tenant on February 25, 1988 and on
March 10, 1988, the tenant filed an answer to the petition stating
that the owner is generally uncooperative and that repairs were
done in an unworkmanlike manner. The tenant also stated that the
painter could make the repairs on March 16, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for reduction of the legal regulated rent to the level in
effect prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include
painting, repairs and maintenance.
The Housing and Maintenance Code provides:
S D26-10.07 Owner's right of access---No tenant shall refuse to
permit the owner or his agent or employee, to enter his dwelling
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unit or other space under his control to make repairs or
improvements required by this code or other law or to inspect such
apartment or other space to determine compliance with this code or
any other provision of law, if the right of entry is exercised at
a reasonable time and in reasonable manner. The department may by
regulation restrict the time and manner of such inspections.
A review of the file discloses that the DHCR scheduled a "no
access" inspection for December 1, 1987 and that the inspector's
report stated that the parties were present but that the tenant was
not ready for repairs at that time.
The Commissioner notes that the file is absent any allegation or
determination establishing when the apartment was last painted.
Accordingly, the Commissioner finds that the inspector's report
corroborates the owner's consistent claim throughout this
proceeding that the tenant failed to provide access to his workers
to complete the paint job and further finds that there was no basis
to determine that the owner had failed to provide required
services.
Division records show that the owner's application for rent
restoration was granted under Docket No. CE610206OR on December 23,
1988.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and
the Administrator's order be, and the same hereby is, revoked.
Any rent arrears due as a result of this order may be paid by the
tenant in twelve monthly installments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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