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.: GF420068RO
FRAN PEARL EQUITIES CORP. RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 10, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 6, 1992. The order concerned housing
accommodations known as Apt 2B located at 710 Amsterdam Ave., New
York, N.Y. The Administrator ordered a $15.00 per month rent
reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on April 27, 1990 by
filing a Statement of Complaint of Decrease in Services and
asserting that the owner had failed to maintain certain required
services in the subject apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on June 14,
1990 and stated, in sum, that the tenant failed to grant access to
the subject apartment. The owner attached a copy of a certified
letter sent to the tenant wherein access was demanded. The owner
filed a further response on June 20, 1990 and stated that the
tenant had refused access to the owner on June 15, 1990 although
the owner had duly notified the tenant to be available to admit
repairmen to the apartment.
The Administrator ordered a "no access" inspection of the
subject apartment. The parties were notified by the Administrator
of the date and time of the inspection and were required to be
present. The inspection was conducted on April 6, 1992. The owner
was not present. The inspector reported the following:
1. Broken toilet tank,
2. Uneven kitchen floor,
3. Broken living room ceiling.
The inspector also reported that the kitchen water pressure was
The Administrator issued the order here under review on May 6,
1992 and ordered a $15.00 per month rent reduction based on the
report of the inspector.
On appeal the owner, as represented by counsel, states that
the tenant refused to provide access to the owner, that the tenant
had filed an additional complaint which was assigned Docket No.
ED420759S, that the complaint was dismissed by the Administrator
based on the failure of the tenant to give access for a physical
inspection on two different occasions, that the owner believed that
the dismissal of that complaint resolved the matter with the DHCR,
that the owner had a good faith belief that this matter had been
resolved, that a clerical error by the owner's staff contributed to
the belief that the matter had been terminated, and that the
failure to afford access to the apartment should bar the tenant
from obtaining a rent reduction. The petition was served on the
tenant on June 19, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The owner concedes that he was in error albeit inadvertently
in failing to be present at the no access inspection. That
concession notwithstanding the record establishes that the owner
has failed to provide services.
Pursuant to Section 2523.4 of the Rent Stabilization Code a
tenant may apply to the DHCR for a rent reduction and the
Administrator shall reduce the rent based on a finding of failure
to maintain services. Pursuant to Section 2520.6 (r) repairs and
maintenance and included within the definition of required
services. The Commissioner finds that the Administrator based this
determination on the entire record including the results of the on-
site physical inspection described above. The order here under
review is affirmed.
The owner may file for rent restoration when services have
been fully restored or the owner establishes that the tenant has
unreasonably refused to permit services to be restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA