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.: CH210153RO
DEARBORN ASSOCIATES RENT
C/O PARKOFF MGMT. ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 26, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 27, 1988 concerning the housing
accommodations known as Apt. 4M, 345 Montgomery Street, Brooklyn,
NY, wherein the Administrator denied the owner's rent restoration
application based on a physical inspection which disclosed that
conditions had not been corrected.
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 on January 26, 1988, the owner
filed a rent restoration application in which it was alleged that
the tenant had unreasonably refused to permit the owner to restore
services which was the basis for a rent reduction order issued on
October 7, 1987 under Docket No. BA210067S. The owner enclosed
affidavits by a superintendent and a contractor stating that they
were unable to gain access.
The application was served on the tenant on February 18, 1988. In
response, the tenant stated that she is willing to take time off
from her job for the owner's workers to do repairs if she is given
reasonable notice. She said she did refuse access to one of the
owner's "contractors" because this person had come to her apartment
once before and demanded money for supplies but did not return
after she gave him $40.00. The tenant added that on February 19,
1988, the superintendent came with another man who did not speak
English, the super left to purchase sheetrock while the other man
scraped the walls and ceilings, the super returned several hours
later without any equipment and both men left without having
accomplished anything. With regard to the infestation problem, the
tenant stated that the problem is the result of holes which need to
be closed to prevent mice from entering and the need for
extermination services in the incinerator rooms.
A physical inspection by DHCR revealed that there was evidence of
mice droppings and the bathroom floor was unlevel and had missing
Based on this inspection, the owner's application was denied.
In the petition for administrative review, the owner asserts that
the infestation problem was not mentioned by the tenant in the
complaint and that the repairs to the bathroom floor tiles were
finally made after numerous attempts to gain access.
In answer to the petition, the tenant again asserts that the mice
infestation problem will not be corrected until the holes in the
baseboards are closed and the incinerator rooms are exterminated,
and that the repairs to the bathroom floor were done only after the
order appealed herein was issued.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Restoration of rent is warranted only after it is established that
the owner has made complete and workmanlike repairs to the
conditions for which the rent was reduced or the owner proves that
the tenant has refused to permit access to permit repairs.
The order appealed herein was properly based on a physical
inspection which revealed that the necessary repairs had not been
completed. The owner did not establish lack of access by means of
convincing evidence such as letters sent by regular and certified
mail scheduling appointment dates for repairs. The tenant
disputes that she denied access or gives reasonable explanations
for her failure to admit disreputable workers to her apartment.
The owner's allegation that the infestation problem was not
mentioned in the complaint can only be considered in a petition for
administrative review of the rent reduction order which the owner
did not file.
The Division's records reveal that a subsequent rent restoration
application was granted (Docket No. CH210234OR).
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