Docket Number: FG 410293-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FG 410293-RO
DISTRICT RENT ADMINISTRATOR'S
MORTON KARPER DOCKET NO.: DK 410539-S
205 West 22nd St., Apt. No. 3,
PETITIONER New York, NY 10011
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on June 10, 1991, concerning the housing
accommodations relating to the above-described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
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 appeal.
On November 17, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment, namely, that when the
tenant showers, "the water leaks from the shower to the vent
downstairs and the kitchen and the stove"; that the stove is old,
it smells gas, and its pipes are clogged; and that the apartment
door is really an "indoor door," not made of steel, "not secure"
and "can be kicked open."
In its answer filed on January 10, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been or will be completed
whenever the tenant provides access.
In reply, the tenant denied that it refused access and denied that
repairs were made. The tenant otherwise asserted that defective
conditions still exist.
Thereafter on February 7, 1991 and April 19, 1991, the subject
apartment was inspected by D.H.C.R. which confirmed the existence
of defective conditions.
On June 10, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends in substance that it "was
never served with a copy of the inspector's report"; that "the
Docket Number: FG 410293-RO
tenant has constantly denied me access..."; that the items relating
to the stove burner and pilot light "go far beyond the tenant's
complaint"; and that a one-half inch gap and "cracked panels" are
not decreased services.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Administrative policy and precedent do not require that an owner be
served with a copy of the inspector's report. The owner has
received and answered the tenant's complaint in the proceeding
below; that is sufficient notice to the owner. Moreover, the owner
had nineteen months from service of the tenant's complaint to the
issuance of the Administrator's order to investigate the matter and
to do necessary repairs, but the owner failed to do so.
The owner's contention of tenant refusing access is not proven in
the proceeding below and in this petition. The owner failed to
schedule access with the tenant pursuant to the proper procedures
of Policy Statement 90-5 "Arranging Repairs/No Access Inspection,"
i.e. certified mailings, return receipt, etc.
The owner's contention that the stove burner and the pilot light
were not complained-of by the tenant is contradicted by the
tenant's complaint stating that the old stove smells gas and its
pipes are clogged.
Contrary to the owner's assertions, the defective apartment door is
a decreased service. Said door as found by inspection is "not
secure," has "cracked panels," "one-half inch gap under the door
allowing seepage, and according to the tenant's allegation
unrebutted by the owner, "not made of steel" and "can be kicked
Accordingly, the owner has offered insufficient reason to disturb
the Administrator's order which is based on the inspection
disclosing decreased services, warranting rent reduction.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the District Rent Administrator's order be, and the same
hereby is, affirmed.