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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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EE210170RO
Evelyn Weisberg, Petitioner-tenant
and
Seashore Management Co., Petitioner-owner,
RENT ADMINISTRATOR'S
DOCKET NO.:
DF210106OR
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ORDER AND OPINION GRANTING TENANT'S PETITION FOR ADMINISTRATIVE
REVIEW AND DENYING OWNER'S PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner and tenant filed timely petitions for
administrative review of an order issued on April 20, 1990
concerning the housing accommodations known as 1177 East 98th
Street, Apartment 5J, Brooklyn, wherein the Rent Administrator
determined the owner's application to restore rent previously
reduced per Docket No. AK210475S.
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 petition.
The owner commenced these proceedings by filing a rent restoration
application stating that the tenant had unreasonably refused to
permit the owner to restore the services, the lack of which had
provided the basis for the underlying rent reduction order
(AK210475S).
In an answer, the tenant disputed the owner's claim that she had
not granted access to the apartment, asserting that access had been
provided to the owner's staff on two occasions, to permit the
owner's staff to take measurements.
Thereafter, a "no-access" inspection was conducted on April 20,
1990, at which time the venetian blinds service was restored.
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The Rent Administrator granted the owner's application, and
restored the tenant's rent effective February 1, 1990.
The owner's petition argues that the rent should have been
retroactive to July 1, 1989, alleging that any delay in restoring
the service was due to the tenant's alleged refusal to provide the
owner access.
The tenant's petition questions why the rent restoration date
precedes the service restoration date, and requests that the rent
restoration date be amended to conform to the restoration of
service.
After careful consideration, the Commissioner is of the opinion
that the tenant's petition should be granted and that the owner's
petition should be denied.
The Commissioner notes that the owner deprived the tenant of the
required service from the time the tenant took occupancy in 1980
and disputed the tenant's entitlement to venetian blinds in the
underlying services complaint proceedings initiated by the tenant
to compel the owner to provide the service. Additionally, the
owner's statements below and on appeal, that any delay in restoring
the service was due to the tenant's continued refusal to provide
access, was not supported by any independent evidence.
Since the conditions that gave rise to the rent reduction were not
corrected until April 20, 1990, the effective date of the rent
restoration is amended to May 1, 1990, the first day of the month
following the date service was restored.
Any excess rent paid by the tenant shall be credited to the tenant
in full commencing with the rental payment immediately following
the issuance of this order.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that the tenant's petition be, and the same hereby is,
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granted, and that the Rent Administrator's order be, and the same
hereby is, modified to amend the effective date of rent restoration
to May 1, 1990. It is further
ORDERED, that the owner's petition be and the same hereby is
denied.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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