Docket Number: EL-410360.RO et al
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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS: EL 410360-RO
EK 420339-RO
THE 6465 REALTY CO., :
DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS: DI 410216-S
PETITIONER : DH 420733-S
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
On December 26, 1990, the above-named owner filed a petition for
administrative review of an order issued on November 6, 1990 by a
Rent Administrator (under Docket No. DI 410216-S) concerning the
housing accommodations known as 160 E. 65 Street, Apartment 4B, New
York, New York.
On November 30, 1990 the above-named owner filed a petition for
administrative review of an order issued on November 14, 1990 by a
Rent Administrator (under Docket No. DH 420733-S) concerning the
above-mentioned accommodations. The Commissioner has consolidated
the proceedings herein (und r Docket Nos. EL 410360-RO and EK-
420339-RO) as they involve common issues of law and fact.
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 petitions for review.
The original proceedings were initiated by the filing of two
complaints of a diminution in individual apartment services (filed
August 30, 1989 under Docket No. DH 420733-S and on September 8,
1989 under Docket No. DH 410216-S). The tenant in both complaints
alleged among other things that mildew had formed on walls in the
subject apartment.
The owner answered asserting in substance that services were being
properly maintained and that despite efforts to address the tenant's
complaints, access to the subject apartment was not given when
asked. The owner enclosed copies of a paint work order dated August
3, 1989 and a copy of a certified letter sent to the tenant, dated
July 3, 1990, requesting that the tenant respond in writing as to
whether the painter would be permitted acess to paint. The owner
also asserted that a painting would aid in cure of the mildew
problem but that in response to the certified letter, the tenant had
orally informed the management office that she had "no interest" in
having her apartment painted.
On June 7, 1990 and again on October 11, 1990 inspections of the
subject accommodation were conducted by a Division of Housing and
Community Renewal (D.H.C.R.) inspector. The inspection reports
indicate that some walls had mildew.
Docket Number: EL-410360.RO et al
On November 6, 1990 the Rent Administrator issued an order (under
Docket No. DH 410216-S) finding that for the presence of mildewed
walls a service decrease had occurred in the subject apartment. The
Administrator ordered a restoration of services and reduced the
legal regulated rent to the level in effect prior to the most
recent Guidelines adjustment effective November 1, 1989.
On November 14, 1990 the Rent Administrator issued an order (under
Docket No. DH 420733-S) finding that a service decrease had occurred
in the subject apartment. The Administrator ordered a restoration
of services and reduced the rent.
In the petitions for administrative review the owner again asserts,
in pertinent part, that the tenant has refused to permit access to
the subject apartment to make repairs.
In her answers to the petitions for review, the tenant does not deny
the owner's assertion of a lack of access.
After careful consideration, the Commissioner is of the opinion that
the owner's petitions should be granted and that the orders under
Docket Nos. DH 420733-S and DI 410216-S should be revoked.
In the petitions for administrative review the owner asserts that
the tenant has denied access to the subject apartment. The owner's
contention is supported by the record which reveals that on several
occasions the owner requested access to no avail. More specifically
the owner submitted copies of letters (dated June 25, 1989 and
August 15, 1989) sent to the tenant informing her that little could
be accomplished without access. The owner also submitted copies of
two letters (dated July 3, 1990 and July 31, 1990) sent to the
tenant by certified mail asserting that the tenant had refused
access. The Commissioner notes that the letter dated July 31, 1990
is not in the file of the proceeding before the Rent Administrator,
although the owner submits evidence on administrative review showing
that the letter was sent to the tenant and that a copy of it was
sent to the Rent Administrator. Furthermore, the tenant, upon
review, has not denied the owner's assertion that she has refused
access to make repairs.
Accordingly, and based upon the entire evidence of record, the
Commissioner finds that access to make repairs in the subject
apartment was denied by the tenant and that a rent reduction was
therefore not warranted.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Docket Number: EL-410360.RO et al
ORDERED, that these petitions be, and the same hereby are, granted,
and that the District Rent Administrator's orders be, and the same
hereby are, revoked; and it is
FURTHER ORDERED, that if the owner has complied with the Rent
Administrator's order and there are arrears due to the owner as a
result of the instant determination, the tenant shall be permitted
to pay off the arrears in twenty-four equal monthly installments.
Should the tenant vacate after the issuance of this order or have
already vacated, said arrears shall be payable immediately.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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