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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, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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MARVIN GREENE,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DJ 210805-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 16, 1991, the above-named petitioner filed a Petition for
Administrative Review against an order issued on June 12, 1991,
concerning the housing accommodations known as 163 Ocean Avenue,
Brooklyn, New York, Apartment 3-K, wherein the rent administrator
reduced the maximum legal rent, assumes the issue on PAR.
The issue herein is whether the Administrator s order was war-
ranted.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the administrative appeal.
On October 23, 1989 the tenant filed a complaint alleging that
there was a diminution of services within the subject apartment.
In answer to the tenant's complaint, the owner alleged that this
complaint was a duplication of CJ 220285-S and therefore should
be terminated. He also claims that the tenant refused access and
encloses a copy of another petition alleging no access.
On December 20, 1990 a physical inspection was made of the sub-
ject apartment, which disclosed:
- The kitchen, hallway, bedroom and bathroom
ceilings and walls are peeling paint and plaster;
- several windows throughout the apartment are
defective,
- the apartment door has a 1/2" gap between the door
and jamb;
- the bathroom wall tiles have holes and some tiles
are missing,
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- the bathroom floor has a hole near the tub stopper
pipe;
- the kitchen broom closet is painted shut and
- the mailbox door is warped and does not close
properly.
On June 12, 1991, the Administrator issued an order reducing the
maximum legal rent to $1.00 per month because pri r to the is-
suance date of this order the maximum legal rent was less than
the total rent reduction which was warranted. The Administrator
also reduced the rent because of the owner's failure to maintain
services within the subject apartment.
In his petition, the owner alleges, among other things, that the
tenant has not paid rent for years and does not provide access
to the apartment in order to allow him to make the requisite
repairs. In addition he requests that he be allowed to commence
an Article 78 proceeding.
In answer to the owner's petition, the tenant requests that the
petition be denied. The tenant contends that the petitioner has
failed to maintain services within the apartment. Moreover, the
tenant alleges that access is provided to the owner.
The Commissioner is of the opinion that this petition should be
denied.
The Commissioner finds that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on December 20, 1990 and
that pursuant to Section 2202.16 of the Rent and Eviction Regula
tions, the administrator was mandated to reduce the rent upon
determining that the owner had failed to maintain services.
Pursuant to the Division's policy Statement 90-5 if an owner
alleges no access it must provide the Division with copies of
two letters to the tenant attempting to arrange access dates.
Additionally, each of the letters must be mailed at least eight
days before the proposed date for access and the second letter
must be sent by certified mail, return receipt requested.
A review of the records indicates that the owner did not submit
evidence to substantiate that the tenant did not provide access
to make the necessary repairs.
With regard to the owner's request for permission to seek judi-
cial review, the owner is advised that pursuant to Operational
Bulletin 84-1, the filing and determination of a Petition for
Administrative REview (PAR) is a prerequisite to obtaining judi
cial review of any order or determination issued by a District
Rent Administrator. The owner may, therefore, commence a pro-
ceeding pursuant to Article 78 of the Civil Practice Law and
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Rules within 90 days of the issuance of this Commissioner's order
and opinion.
THEREFORE, in accordance with the Rent and Evictions 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:
ELLIOT SANDER
Deputy Commissioner
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