ADM. REVIEW DOCKET NO.: FI 220167 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FI 220167 RO
:
DISTRICT RENT
ADMINISTRATOR'S
DOCKET NO.:
EK 220256 OR
MIKEY PHILLIP
SUBJECT PREMISES:
PETITIONER : 47 MacDonough Street,
------------------------------------X Apt. No. 16
Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for
Administrative Review of an order issued on August 27, 1991,
concerning the housi g accommodations relating to the above-
described docket number.
The Commissioner has reviewed all of 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 this proceeding on November 29, 1990 by
filing an application to restore rent based on the tenant's
unreasonable refusal of access.
In an answer filed on January 3, 1991, the tenant denied the
owner's allegations in his application and otherwise asserted
that access was given for painting, replacement of the window
frames and electrical work; but that electrical work had not
been completed and violations existing since 1988 have not been
corrected.
Thereafter on March 7, 1991, a No Access physical inspection
was conducted on the subject apartment. The tenant, the owner
and the owner's carpenter were present in this inspection. The
inspector confirmed the continued existence of six defective
conditions and noted that the parties agreed to have the repairs
completed on March 25 and 26.
On July 11, 1991, another physical inspection was conducted
ADM. REVIEW DOCKET NO.: FI 220167 RO
of the subject apartment, disclosing the fact that the same
conditions remained.
The Administrator determined that the conditions were not
corrected and denied the owner's application for rent
restoration.
In this petition, the owner contends that all repairs were
done, that the tenant caused some conditions to recur, and that
the DHCR inspector must not have actually visited the apartment
on July 11, 1991. The owner includes with the petition a bill
purportedly for repairs to the intercom and a copy of a report of
an inspection that took place on June 19, 1991 by the Office of
Rent and Housing Maintenance.
In response, the tenant asserts that he has always allowed
the landlord access but the repairs have not been done and the
defective conditions for which the rent was reduced still exist.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The owner's petition and supporting documentation do not
establish that the Commissioner's order denying the rent
restoration application was in error. The inspection on July 11,
1991 revealed that the necessary repairs were not done and none
of the evidence submitted by the owner establishes that the
Administrator's reliance on the inspection report was
unwarranted. The repair bill for the intercom refers to repairs
to the electric door opener at 43 McDonough Street, a different
address, and the inspection report issued by another agency
refers only to an absence of water leaks, dampness, or defects
in the windows, none of which are conditions included in the
instant proceeding. There is also no evidence to substantiate
the allegations, which are denied by the tenant, that the tenant
has refused access or that repairs were done and the tenant
caused the conditions to recur.
The owner is advised to file another rent restoration
application after all the necessary repairs are completed.
THEREFORE, in accordance with the Rent and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ADM. REVIEW DOCKET NO.: FI 220167 RO
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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