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





          ------------------------------------x
          IN THE MATTER OF THE ADMINISTRATIVE          ADMINISTRATIVE REVIEW
          APPEAL OF                                    DOCKET NO.: CB610002RO

                    Stanley Wasserman,
                                                       RENT ADMINISTRATOR'S
                                                       DOCKET NO.: BB610726S
                                   PETITIONER
          ------------------------------------x

            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:













          CB610002RO

          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 






          CB610002RO

          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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