DOC. NO.: EH 410356-RO
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. EH 410356-RO
MELOHN PROPERTIES, : DRO DOCKET NO. DH 420284-S
ORDER AND OPINION PETITION DENYING PETITION FOR
On August 30, 1990, the above-named petitioner filed a Petition for
Administrative Review against an order issued on July 31, 1990 by
the Rent Administrator of the Gertz Plaza, Jamaica, District Rent
Office concerning the housing accommodations known as 100 Riverside
Drive, Apt. 14D, New York, New York.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2202.4.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
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.
On August 11, 1989 the tenant filed a complaint of decrease in
services, alleging various reductions in service.
In its answer, dated November 3, 1989, the owner responded to the
above complaint by stating that most of the complained-of defects
had been corrected. Owner also submitted a letter it allegedly
sent to the tenant, informing him that the building superintendent
had sought to enter his apartment in order to paint and plaster, but
had been denied access. On the bottom of the letter was a
handwritten reply by the tenant explaining that he denied access to
the superintendent because his "health will not permit (him) to have
the painting done at this time."
On May 17, 1990 a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report
confirmed existence of the complained of conditions.
On July 31, 1990, the Rent Administrator issued an order based on
the report of the physical inspection, reducing the Maximum Legal
Rent by $33.00 per month, effective on the first rent payment day
following the issue date of the Order.
DOC. NO.: EH 410356-RO
In its petition, the owner contends that it was denied access to the
tenant's apartment, submitting with its petition a copy of the
The Commissioner is of the opinion that this petition should be
A review of the record reveals that in its answer below, owner did
not claim that tenant denied access for all repairs, but only for
painting and plastering, due, to tenant's illness at the time.
Owner contended below that no other complained of decrease in
Despite the owner's assertions, the physical inspection report
disclosed the complained of conditions existed, and the Commissioner
finds that the rent reduction is warranted.
Moreover, the Commissioner is of the opinion that it is entirely
reasonable to expect that a sick person would not want to inhale
fresh paint fumes and would, for the duration of his illness bar
painters from his apartment; such prudent action by the tenant,
limited in time, cannot be considered "denial of access."
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied and, that the order of the Rent Administrator
and the same hereby is, affirmed.