EC220286RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
EC220286RO
RENT ADMINISTRATOR'S
JOSEPH KAIN, DOCKET NO.:
CL220353S
PREMISES: Apt. 6
PETITIONER 1465 44th Street
----------------------------------x Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued on March 7, 1990, concerning the
housing accommodations relating to the above-described docket
number.
The Commissioner has reviewed all 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 December 22, 1988, by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In answer, the owner asserted without any substantiation that the
tenant complained about the same conditions under Docket No.
CB220170S, and in the same manner refused access to repair people.
Thereafter, a physical inspection of the subject apartment was
conducted on February 13, 1990, by a Division of Housing and
Community Renewal (DHCR) staff member who confirmed the existence
of defective conditions.
By an order dated March 7, 1990, the Administrator directed the
restoration of services and ordered a rent reduction as follows:
1. The small bedroom window sash had a
broken glass pane, was loose and rotted. $ 2.00
The bathroom window sash was rotted. 1.50
The master bedroom top window sash was
EC220286RO
broken, loose and rotted. 3.00
The living room top window sash pane
was broken. 2.00
2. The foyer walls outside the bathroom
walls were cracked and peeling paint. 3.00
3. The defective bathroom door did not
close fully. 2.00
4. The apartment entrance door lock was
defective, and the door molding was
loose from the wall. 7.00
Total - $ 20.50
=====
In the petition for administrative review, the owner repeats the
contentions below that the tenant refused access and that the
tenant's complaint (Docket No. CB220170S) was dismissed because of
tenant's denied access.
In answer, the tenant asserted that the conditions continue to
exist; that the apartment entrance door lock was repaired by the
tenants' association and the Crime Victims; and that she is
homebound and ill.
In reply, the owner denied the allegations in the tenant's answer
and otherwise asserted that the tenant refused access to the
owner's repairmen to obtain a rent reduction.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction when there has
been a decrease in services.
Based on the evidence in record, the Commissioner finds the
contention of tenant refusing access as unsubstantiated and without
merit. The owner submitted no proof or attachment in the pro-
ceeding below and in this petition of copies of letters to the
tenant attempting to arrange access dates.
A search of DHCR's records reveals that Docket No. CB220170S was
dismissed on May 5, 1989 due to tenant's refusal of access on March
21 and 22, 1989. That determination however did not absolve the
owner from establishing in the instant proceeding, filed 6 months
later, that he was unable to obtain access to attend to repairs.
The owner's petition fails to establish any basis to modify or
revoke the Administrator's determination based on the physical
inspection which confirmed the existence of defective conditions,
warranting a rent reduction. Accordingly, the Administrator's
order when issued was in all respects proper and is hereby
sustained.
The Commissioner notes that the status of the rent restoration
applications is as follows:
Docket No. EH220007OR granted in part on May 21, 1991;
Docket No. FE220235OR denied on March 27, 1992.
The automatic stay of the retroactive rent reduction that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
