FI 210010 RO
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.: FI 210010 RO
DISTRICT RENT ADMINISTRATOR'S
DANIEL KING, DOCKET NO.: FB 210755-S
SUBJECT PREMISES:
225 Sterling Pl., Apt. No. 6C
Brooklyn, New York 11238
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
The above-named owner filed a timely Petition for Administrative
Review of an order issued on August 6, 1991 concerning the housing
accommodations relating to the above-described docket number.
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 tenant commenced the original proceeding below on February 26,
1991 by filing a complaint asserting in substance that "the 30
year old stove was destroyed in a fire"; that the "smoke-damaged
areas from said fire have not been repainted; that "leaks occurred
in the apartment from November 1979 through approximately
April/May 1988"; that the electrical wiring is "cloth-covered and
appears dry-rotted"; and that the apartment was not painted for
more than nine (9) years.
In his answer filed on April 17, 1991 and April 26, 1991, the
owner asserted that repairs per tenant's instructions had been
completed; that on March 13, 1991 and April 10, 1991, the tenant
refused access to the owner painting her apartment except the
kitchen. The owner did submit to the Administrator certified mail
sent to the tenant on March 13, 1991 and April 10, 1991 and other
evidentiary requirements of Policy- Statement 90-5 (Arranging
Repairs/No Access Inspections). The Administrator failed to
consider this evidence and schedule a No Access inspection.
Thereafter on July 2, 1991, the subject apartment was inspected by
DHCR which reported that the living room ceiling has cracks; that
the living room closet wall has peeling paint and plaster; that
the bathroom ceiling has cracks and peeling paint; that the
bathroom wall has cracks; and that the master bedroom closet wall
FI 210010 RO
and ceiling have water stains, cracks and peeling paint and
plaster.
The Administrator directed on August 6, 1991 restoration of these
services and reduction of the stabilized rent.
In this petition, the owner contends in substance that the
Administrator erred in not considering the tenant's refusal to
have "any part of her apartment painted except the kitchen."
After careful consideration, the Commissioner is of the opinion
that this petition should be remanded to the Administrator for
further processing.
The record shows that the tenant wanted only her kitchen painted;
that on March 13, 1991 and April 10, 1991, the owner sent letters
by certified mail to the tenant requesting access to paint not
only the kitchen but the entire apartment; and that despite this
evidence, a No Access Inspection was not scheduled by the
Administrator.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, remanded
to the Administrator to consider the owner's submission below of
evidence showing tenant's alleged refusal of access and to
implement accordingly in this case Policy Statement 90-5
(Arranging Repairs/No Access Inspection), and for the issuance of
a new Order. The automatic stay of so much of the Administrator's
order as directed repairs and a retroactive rent abatement is
hereby continued until a new Order is issued upon remand.
However, the Administrator's determination as to a prospective
rent abatement is not stayed and shall remain in effect until the
Administrator issues a new Order upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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