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.:
BARKER AVENUE COMPANY, RENT ADMINISTRATOR'S
2275 Barker Avenue Street
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 13, 1989 concerning the
housing accommodations relating to the above-described docket
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 in this petition.
The tenant commenced the proceeding below on September 21, 1989 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In answer, the owner alleged that it attempted at various times to
inspect the apartment and do necessary repairs; but the tenant
would not allow access because the tenant claimed she slept during
the day and worked at night.
The owner submitted no proof of scheduling access for repairs via
regular and certified mailings to the tenant, with a return
Thereafter, a physical inspection of the subject apartment was
conducted on November 10, 1987 by a DHCR staff member who confirmed
the existence of defective conditions.
By order dated January 15, 1988, the Administrator directed the
restoration of services and ordered a rent reduction as follows:
1. The electrical wiring repairs were done
in an unworkmanlike. As a result,
hanging wires are evident in the
hallway and the living room. $5.00
2. There is rodent infestation. $4.00
3. The kitchen floor is uneven and
In the petition for administrative review, the owner contends that
the electrical wiring was done by the tenant; that the tenant does
not cooperate with the monthly exterminating service; and that the
owner cannot be responsible for an uneven defective kitchen floor,
which is a result of the natural settling of the building. The
owner submitted copies of monthly exterminating service slips, some
of which were signed by the tenant.
A copy of the petition was mailed to the tenant on March 14, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner offered no proof in the proceeding below or in this
petition in alleging that the tenant caused the defective
The assertion that the tenant failed to cooperate with the monthly
exterminating service is unsubstantiated. To the contrary, some of
the copies of monthly exterminating service slips were signed by
the tenant. Despite the tenant's availing of this service, the
inspector found that there was still rodent infestation in the
The contention that the uneven defective kitchen floor was a result
of the natural settling of the building is no excuse for failure to
repair completely and effectively the kitchen floor.
The Commissioner finds that the Administrator's determination was
properly based on a timely on-site inspection which found defective
conditions in the apartment, warranting a rent reduction.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
THEREFORE, in accordance with the Rent and Eviction Regulations,
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,
JOSEPH A. D'AGOSTA