DOCKET NO.: FF 710045-RT
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. FF 710045-RT
: DISTRICT ADMINISTRATOR'S
MARTIN & MARILYN ROBERTS, DOCKET NO. FA 710082-S
: PREMISES: 630 SHORE ROAD, #523
PETITIONER LONG BEACH, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for administrative review
of an order issued concerning the housing accommodations described above.
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 tenants commenced this proceeding by filing a complaint asserting that
the owner had failed to properly repair certain leaks in the subject
In its answer, the owner alleged, inter alia that the tenants had denied
access to owner for the purpose of painting the apartment subsequent to
the repair of the leaks.
In response dated May 3, 1991, the tenants stated that they wished to
postpone the painting until July, 1991 so that ample time would have
passed to determine if the leaks had been repaired.
The Rent Administrator denied the tenants' complaint and advised the
tenants to refile if conditions were not corrected.
In their petition for administrative review, the tenants state, in
substance, that access was not denied to the owner for the repairs, but
only for the painting, because the tenants were not available for this
purpose until July. The above-described response was incorporated in the
petition by reference.
The Commissioner is of the opinion that this petition should be denied.
A review of the record below indicate that, per DHCR policy, the owner
submitted copies of two (2) certified letters to the tenants demanding
access for the purpose of painting. The Commissioner is thus of the
opinion that the Administrator was justified in finding that the tenants
had denied access to the landlord, and in thus denying the tenants'
This order is issued without prejudice to the tenants' right to refile a
complaint of reduction in service, if conditions are not corrected.
DOCKET NO.: FF 710045-RT
THEREFORE, in accordance with the provisions of the Tenant Protection
Regulations, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator be, and
the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner