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.:
Sunshine Realty Co., RENT ADMINISTRATOR'S
2301 Ocean Ave.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 30, 1990 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 owner commenced the proceeding below on April 11, 1989 by
filing an application to restore rent based on the tenant's
unreasonable refusal to permit the owner to restore services. The
owner requested that a Notice of Inspection (For Access) be served
on the tenant. The owner asserted that the leak in the apartment
above was repaired, that only priming and painting needs to be done
in the tenant's apartment.
In an answer filed on May 26, 1989, the tenant denied the
allegation in the application and otherwise asserted that the owner
failed to do repairs when requested by the tenant, that the owner
filed various rent restoration applications when in fact the
conditions were not corrected.
On October 4, 1989, a physical inspection of the subject apartment
was conducted by a DHCR staff member who reported that the tenant,
the managing agents and repairmen were present; that repairs were
in progress; that the bathroom walls and ceiling were damaged by a
leak, the plaster cracked and peeling; and that there appeared to
be mildew in the area.
By a letter filed on October 10, 1989, the tenant informed the Rent
Administrator that repair was done improperly and in an
unworkmanlike manner; that upon notice, the managing agents refused
to correct the conditions; and that a reinspection is necessary.
Thereafter, a physical inspection of the subject apartment was
conducted on January 4, 1990 by a DHCR staff member who confirmed
that the bathroom wall area around the window frame had mildew; the
top of the window plaster was peeling from the wall area; and the
side of the medicine chest was not fully covered with paint.
By an order dated January 30, 1990, the Administrator denied the
In the petition for administrative review, the owner contends in
substance that the tenant harassed the painter who attempted to
complete the work after the October 4, 1989 inspection for access.
In answer, the tenant asserted that the owner failed to appear on
the scheduled dates, the conditions were not repaired, and the
defective conditions as shown by attached copies of photos are
actually worse than the Administrator's finding.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The petition does not establish any basis for modifying or revoking
the Administrator's determination based on the physical inspections
which confirmed the continued existence of defective conditions,
warranting the denial of the owner's application. The claim that
the tenant harassed the painter and unreasonably refused access was
unsubstantiated and without merit. Accordingly, the order appealed
from was in all respects proper and is hereby sustained.
THEREFORE, in accordance with 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,
JOSEPH A. D'AGOSTA