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.:
GRENADIER REALTY CORP., DOCKET NO.:
260-17 74th Ave., Apt. 1,
PETITIONER Glen Oaks, 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 September 24, 1991 concerning the
housing accommodations relating to the above-described docket
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 for review.
The owner commenced this proceeding on July 10, 1991 by filing an
application for rent restoration based on the tenant's unreasonable
refusal of access. The owner alleged that on April 30, 1991, the
tenant was mailed a certified letter asking her to allow necessary
repairs; and that the tenant failed to respond to this letter. The
owner further alleged that on May 28, 1991, the tenant was sent
another certified letter, which was delivered twice by the mailman
and finally accepted by the tenant on June 11, 1991.
On July 12, 1991, the owner's application was mailed to the tenant.
The Administrator's file does not contain a response by the tenant.
Thereafter, a No Access inspection was scheduled on September 11,
1991 for the subject apartment. At the time of inspection, the
DHCR inspector reported that the superintendent, the manager and
the tenant's mother were present; that the tenant's mother stated
that she was unaware of the inspection and/or of management making
repairs; and that the tenant's mother refused management's offer to
Based on the inspector's finding that the tenant failed to provide
access during the scheduled No Access inspection, the Administrator
granted the owner's application and ordered the restoration of rent
effective August 1, 1991.
In this petition, the owner contends that rent should be restored
effective December 1, 1990 because the tenant had continuously
refused to provide access. The owner claimed that the application
to restore rent was filed on December 12, 1990. The owner submitted
a copy of a return receipt with a delivery date of December 13,
In answer to the owner's petition, the tenant alleges in substance
that she did not receive the certified letters and they were signed
for by someone else. The tenant explained that she had to cancel
the appointments for repairs because she was undergoing chemo-
therapy and the owner knew this.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
A review of the various proceedings between the parties herein
reveals that on December 6, 1990, the Compliance Bureau of DHCR
determined that the tenant had failed to keep appointments with the
owner for repairs, that the owner was directed to make a rent
reduction order issued on June 17, 1987 (AJ 110400-S). The
noncompliance proceeding was closed and the owner was advised to
file a rent restoration application.
The owner did file a rent restoration application on December 13,
1990 (EL 110135-OR) which was denied on April 4, 1991 based on a
physical inspection on March 13, 1991 which revealed that painting
was required in parts of the apartment. The owner did not file a
petition for administrative review of that order which became a
final order not subject to further review or collateral attack.
The owner's petition herein contends that the date the earlier
application was filed should determine the effective date of the
rent restoration. However, in the absence of an appeal of that
order, that proceeding is no longer subject to review by the
Commissioner and the effective date of the rent restoration can be
no earlier that August 1, 1991, the first of the month following
service of the second application on the tenant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner