AD. REVIEW DOCKET NO.: FL 610017 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.:
FL 610017 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
FE 610942 S
FRED LEIST,
SUBJECT PREMISES:
2015 Creston Avenue,
PETITIONER Apt. 3K, Bronx, N.Y.
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an Administrator's order issued on
November 6, 1991 concerning the housing 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 tenant commenced this proceeding on May 31, 1991 by filing
a complaint asserting that the owner had failed to maintain
required services in the subject apartment, namely: a defective
bathroom toilet, a clogged bathroom sink, and a water-stained,
paint-blistering bathroom ceiling.
In an answer filed on July 9, 1991, the owner stated in
substance that the tenant refused access to check for alleged
repairs in order to obtain a rent reduction. He claimed that the
tenant brought an Order to Show Cause against the owner for failure
to make repairs and the case was dismissed when the judge ordered
the tenant to provide access and she stormed out of the courtroom.
The owner submitted a copy of a bill from his attorney for an
appearance on behalf of the owner in Housing Court on June 13,
1991.
AD. REVIEW DOCKET NO.: FL 610017 RO
A physical inspection of the subject apartment was conducted
on October 8, 1991 by a Division staff member who reported that the
bathroom toilet has no defects; that the bathroom sink is not
clogged; but that the bathroom ceiling is water-stained and
blistering paint.
Based on the inspection report, the Administrator directed
restoration of services and ordered a reduction of the stabilized
rent.
In this petition, the owner contends in substance that the
Division never allowed the owner the opportunity to repair by not
directing the tenant to provide access and that he raised the issue
of tenant's refusal of access in the proceeding below by submission
of an attorney's bill for a Housing Court appearance.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Section 2523.4(a) requires DHCR to order a rent reduction,
upon application by a tenant, where it is found that the owner has
failed to maintain required services. Required services are
defined by Section 2520.6(r) to include repairs and maintenance.
The record in this case reveals that the tenant complained
that there had been a water leak in the bathroom ceiling for the
past five years and the physical inspection confirmed the existence
of this condition. The rent reduction ordered by the Administrator
was, therefore, warranted.
The owner did not submit any evidence to the Administrator to
establish that access to make necessary repairs has been denied.
Pursuant to Policy 90-5, evidence of no access must include copies
of two letters to the tenant attempting to arrange access dates.
The second letter must be sent by certified mail, return receipt
requested, and the return receipt must also be submitted. The
owner herein did not submit any such evidence. The copy of a bill
from his attorney pertaining to a Housing Court appearance that
predates service of the complaint on the owner has no bearing on
whether access was denied when the owner attempted to repair the
conditions cited in the complaint.
Moreover, since the inspection did reveal that two of the
conditions complained of by the tenant had been repaired, it is
possible that the owner did indeed obtain access.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
AD. REVIEW DOCKET NO.: FL 610017 RO
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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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