STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.:
G.K.J. Subraj & Barbara Merritt,
ORDER AND OPINION GRANTING OWNER'S PETITION FOR ADMINISTRATIVE
REVIEW IN PART AND DENYING TENANT'S PETITION FOR
On May 6, 1990 and May 9, 1990, the above-named petitioner-owner
and tenant filed petitions for administrative review (PAR) of an
order issued on April 23, 1990, by the Rent Administrator,
concerning the housing accommodation known as 88-05 Merrick
Boulevard, Jamaica, New York, Apt. 4-K, wherein the Administrator
determined that the owner should be granted restoration of the rent
effective May 1, 1990, based on a finding that certain services had
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeals.
The issue herein is whether the Rent Administrator properly
restored the rent of the subject apartment, effective May 1, 1990.
The owner commenced this proceeding by filing an Application for
Rent Restoration on July 27, 1989, stating that the tenant has
unreasonably refused to permit access to the owner to restore those
services that were the basis of a rent reduction order issued by
the Administrator on July 24, 1987, under Docket No. AL110407S.
A DHCR "no access" inspection, scheduled for February 2, 1990,
found that the owner failed to complete all repairs and a second
inspection scheduled for April 9, 1990, found that the owner
completed all repair work.
In the appeal, under Docket No. EE110384RO, the petitioner-owner
asserted, in pertinent part, that the effective date of the
appealed order should be September 1, 1989, rather than May 1,
1990. The tenant's PAR, under Docket No. EE110201RT, stated that
the owner's repairs were either incomplete or done in an
The petition under Docket No. EE110384RO, was served on the tenant
on July 2, 1990.
The petition under Docket No. EE110201RT was served on the owner on
May 9, 1990, and on June 25, 1990, the owner filed an answer to the
petition stating that two DHCR inspections corroborated his
contention that all repairs and services were properly restored.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the owner's administrative
appeal should be granted in part and the tenant's administrative
appeal should be denied.
With regard to the owner's PAR, and the issue of the effective date
of rent restoration ordered by the Administrator, the Commissioner
notes that it is the policy of the DHCR to order rent restoration
for rent stabilized tenants effective the first rent payment date
following service of the application on the tenants.
A review of the record shows clearly that the application for rent
restoration was served on the tenant on November 6, 1989.
The record contains substantial evidence indicating that the tenant
prevented the owner from gaining access to make repairs. The owner
served the tenant with many access request notices from January to
April, 1989, which were unanswered; thus necessitating the
scheduling of the two "no access" inspections.
The Commissioner finds, therefore, that the Rent Administrator's
determination that the rent should be restored, effective May 1,
1990, was in error, and that the rent should have been restored,
effective December 1, 1989.
With regard to the tenant's petition under Docket No. EE110201RT,
the only issue raised is whether the owner restored services in a
A review of the record reveals that the DHCR inspector gained
access to the subject apartment on February 2, 1990 and April 9,
1990 and that the last inspection showed that the owner restored
Accordingly, with regard to Docket No. EE110201RT, the Commissioner
finds that the Administrator properly determined that the owner had
restored all services based on the evidence of the record,
including the results of the on-site inspections of the subject
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the petition under Docket No. EE110384RO, be, and the
same hereby is, granted in part and that the Administrator's order
be, and the same hereby is, modified to reflect an effective date
of December 1, 1989 and it is further
ORDERED, that the petition under Docket No. EE110201RT, be, and the
same hereby is, denied and that the Rent Administrator's order be,
and the same hereby is, affirmed as modified above.
JOSEPH A. D'AGOSTA