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.: CL210027RT
BLANCH E. PURNELL
DOCKET NO.: BL210482S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
November 10, 1988, by the Rent Administrator, concerning the
housing accommodation known as 121 Jefferson Avenue, Brooklyn, New
York, Apt.#16, wherein the Administrator determined that a
reduction in rent was not warranted.
The Commissioner has reviewed all of 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 December 29, 1987, the tenant filed a complaint alleging that
the owner failed to maintain services.
The owner filed an answer to the complaint alleging that the
tenant's request for a rent reduction is unjustifiable because the
tenant has consistently denied access to his workers.
A DHCR inspection conducted on September 22, 1988, revealed that
several of the service deficiencies specified in the tenant's
complaint were corrected but that the kitchen ceiling was in need
of painting and the apartment door lock was inoperative. The
inspector's report also noted that the owner was present but that
the tenant refused access to the owner to enter the apartment for
On appeal, the petitioner-tenant asserted, in pertinent part, that
the owner failed to maintain services in the subject apartment and
denied that she failed to provide access to the owner's workers.
The petition was served on the owner on December 20, 1988.
After 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 provision 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 inspections.
A review of the file discloses that the DHCR scheduled a "no
access" inspection for September 22, 1988, and that the inspector's
report stated that the parties were present but that the tenant
refused to provide access to the owner's workers to allow them to
do the necessary repair work.
Accordingly, the Commissioner finds that the inspector's report
corroborates the owner's consistent claim throughout this
proceeding that the tenant failed to provide access to his workers
to complete the repairs and to paint the kitchen ceiling and
further finds that the Rent Administrator did not err by issuing
the order of November 10, 1988.
THEREFORE, in accordance with the provisions of the Rent
Stabilization 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