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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 18, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
September 14, 1988, by the Rent Administrator, concerning the
housing accommodation known as 302 96th Street, Brooklyn,
New York, Apartment 4-F, wherein the Administrator determined that
a reduction in rent was not warranted based upon a reduction in
services, based upon the tenant's failure to provide access on July
29, 1988 and August 1, 1988.
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 denied
the tenant's application for a decrease in rent.
On November 18, 1987, the tenant filed a complaint alleging that
the owner failed to maintain services.
The owner filed an answer to the complaint on February 11, 1988,
alleging that the superintendent has been advised to diligently
respond to all service requests and that an appointment for repairs
will be arranged between the superintendent and the tenant.
The Division of Housing and Community Renewal's (DHCR) inspection
report of August 1, 1988, noted that the tenant failed to keep two
separate inspection appointments.
On appeal, the petitioner-tenant asserted, in pertinent part, that
he was in the subject apartment, on July 29, 1988, waiting for the
inspector to appear but that the inspector did not appear and
further that he was not notified of the second date of inspection
(August 1, 1988).
The petition was served on the owner on November 29, 1988 and on
December 15, 1988, the owner filed an answer to the petition
stating that it has made several attempts to do the repair work but
that the tenant continually refuses access.
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.
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 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 provi-
sion 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
A review of the file discloses that a properly addressed inspection
notice for a July 29, 1988, inspection was mailed to the tenant on
July 20, 1988, and that a second properly addressed inspection
notice for an August 1, 1988, inspection was placed under the ten-
ant's apartment entrance door on July 29, 1988.
The record under review shows that despite the proper service of
two separate notices of inspection, access was not provided by the
tenant. The inspector's report dated August 1, 1988, stated that
the tenant failed to keep either inspection appointment.
Accordingly, the Commissioner finds that the inspector's report
corroborates the owner's consistent claim throughout this pro-
ceeding that the tenant failed to provide access to his workers to
complete the repairs and further finds that the Rent Administrator
did not err by issuing the order of September 14, 1988.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA