CH210170RO
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.: CH210170RO
64 Lincoln Road Associates
c/o R & H Realty Management,
RENT ADMINISTRATOR'S
DOCKET NO.: BG210729S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 30, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on July
26, 1988, by the Rent Administrator, concerning the housing
accommodation known as 64 Lincoln Road, Brooklyn, N.Y., Apt.# 5-B,
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 the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On July 15, 1987, the tenant filed a complaint alleging that the
owner failed to maintain services throughout the subject apartment.
The owner filed an answer to the complaint, on October 5, 1987,
alleging that despite tenant's repeated refusal to provide access
to its workers, there was no remaining decrease in services and
that the work was substantially completed.
A DHCR "no access" inspection conducted on April 11, 1988, revealed
that the owner did not appear for the appointment and the
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following:
1. Ceiling in bathroom is water damaged, peeling paint and
plaster due to a water leak from the above apartment.
2. Walls in bedroom have mildew due to water leak.
3. Walls and ceilings in bedroom closets have peeling paint and
plaster.
On appeal, the petitioner-owner asserted, in pertinent part, that
despite the tenant's repeated refusal to provide access to its
workers, all service deficiencies were corrected.
The petition was served on the tenant on October 11, 1988 and on
October 19, 1988, the tenant filed an answer to the petition
stating that the owner failed to make all necessary repairs.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
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.
The record under review shows that although the owner has
consistently raised the "no access" issue throughout this
proceeding, the owner failed to appear at the "no access"
inspection scheduled for April 11, 1988.
The results of that inspection showed that the owner failed to
correct the service deficiencies specified in the complaint in
direct contravention to the owner's claim that the work was
performed in a workmanlike manner.
Moreover, the Commissioner notes that the owner's appeal states
clearly that many of the repairs had already been made; thus
belying the owner's contention that its workers could not gain
access to the subject apartment.
The inspector's report clearly showed the existence of three (3)
service deficiencies which the owner failed to address and on this
basis, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
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determination.
The Commissioner further finds that the Administrator properly
based his determination on the entire record, including the results
of the on-site physical inspection conducted on April 11, 1988, and
that pursuant to Section 2523.4(a) of Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain services.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
Upon a restoration of services the owner may separately apply for
a rent restoration.
THEREFORE, in accordance with the provision of the Rent
Stabilization Law and Code, 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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