STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CG210122RO
SANDY R. JAMIESON RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 5, 1988 the above named petitioner-owner filed a Petition
for Administrative Review against an order of the Rent
Administrator issued on June 21, 1988 concerning the housing
accommodations known as Apt. 1H, 125 Ocean Avenue, Brooklyn, NY,
wherein the Administrator determined that certain services wee not
being maintained, directed restoration of such services, and
ordered a rent reduction.
The Commissioner has reviewed all the evidence of record and has
carefully considered that portion relevant to the issues raised on
A review of the record reveals that the tenant filed a complaint on
September 10, 1987 in which she alleged that the owner had failed
to make necessary repairs to certain conditions in her apartment.
In response to the complaint, the owner asserted that the tenant
has unreasonably denied access for the completion of repairs, that
a reconditioned refrigerator offered to the tenant was refused and
that some repairs were done only because the tenant's son admitted
that workers when the tenant was not home.
A physical inspection of the tenant's apartment by a DHCR inspector
on October 28, 1987 revealed that the refrigerator freezer door was
broken off, there was a hole in the floor in the living room, the
living room walls and bedroom walls were painted in an
unworkmanlike manner, and the windows in the bedroom had rotten
frames and a broken pane of glass.
A second inspection, on notice to both parties, was scheduled for
March 23, 1988. The inspector reported that the managing agent,
the super, a painter, a plumber, and the tenant were present and
that all repairs were completed except for the holes in the living
room floor, the leaking faucet in the bathtub, and holes in the
On May 19,1988, in response to a request by the Administrator, the
tenant advised that the remaining repairs had not been made.
Based on the inspection report and the tenant's statement, the rent
reduction order appealed herein was issued.
In the petition for administrative review, the owner asserts that
the Administrator ignored the owner's answer to the complaint in
which the tenant's unreasonable refusal to permit access was
The petition was served on the tenant on August 23, 1988.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Section 2523.4 of the Rent Stabilization Code requires DHCR to
order a rent reduction, upon application by a tenant, where it is
found that the owner has failed to maintain required services.
Required services are defined by Section 2520.6(r) to include
repairs and maintenance.
In the instant case, the Rent Administrator's determination that
the owner had not made necessary repairs is supported by the
evidence of record including the two physical inspections by DHCR.
Contrary to the allegations in the petition, the owner's answer to
the complaint was considered by the Administrator. It was because
of the assertion (with supporting documentation) that the tenant
was refusing access, that the inspection (for access) was scheduled
on notice to both parties. The owner was directed to have workers
present ready to perform repairs at the scheduled inspection.
Although the owner and certain repairpersons were present, the
repairs to the holes in the floors and to the leaking faucet were
not done. For these conditions, the rent reduction ordered by the
Administrator was warranted.
The Division's records reveal that the rent has been restored
THEREFORE in accordance with the Rent Stabilization Law and Code,
ORDERED that this petition be and the same hereby is denied and the
Rent Administrator's order be and the same hereby is affirmed.
JOSEPH A. D'AGOSTA