CD610137RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CD610137RT
ALBERT FALCONE,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BF610099OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 27, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
March 30, 1988, by the Rent Administrator, concerning the housing
accommodation known as 1541 Williamsbridge Road, Apartment 6-J,
Bronx, New York, wherein the Administrator granted the owner's
application for restoration of rent with a direction to complete
certain repairs at a later date.
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.
This proceeding was commenced by the filing by the owner of an
application to restore the rent which had been reduced on January
15, 1986 under Docket No. TC83913P.
A Division of Housing and Community Renewal (DHCR) staff inspector
attempted a "no access" inspection on January 26, 1988. Neither
party appeared for the inspection and the inspector's report
disclosed that the tenant called the inspector and stated that he
had made separate arrangements with the owner for the remaining
repairs. A prior inspection on November 4, 1987 revealed that the
conditions giving rise to the rent reduction had been corrected
with the exception of the plastering and painting of the bedroom
and bathroom. Accordingly, the Administrator issued an order on
March 30, 1988, granting the owner's application with the directive
to complete the plastering and painting "as per agreement made with
the tenant".
CD610137RT
In the PAR, the tenant contends in essence that it was improper to
restore the rent as there are still problems in his apartment, and
because the tenant was not consulted on this decision.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
The evidence of record indicates that due to personal illness the
tenant asked the owner's superintendent prior to February 3, 1988,
to reschedule repairs in his apartment for May 20, 1988. The
tenant confirms that he cancelled the January 26, 1988 DHCR inspec-
tion for the same reason. Because the owner was prevented from
completing the repairs the owner should not be penalized by
continuation of the rent reduction and it was proper for the Admin-
istrator to restore the rent with the direction to the owner to
complete the repairs on May 20, 1988, as agreed to with the tenant.
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 Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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