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.: GI410062RO
725 West 184th St. Corp. RENT ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 11,1992 the above-named petitioner-owner filed a
Petition for Administrative Review of an order issued on August 7,
1992, by the Rent Administrator, concerning the housing
accommodation known as 725 West 184th Street, Apartment 4K, wherein
the Administrator determined the tenant's complaint of a reduction
of individual apartment services.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on April 22, 1992. The
inspector observed that the apartment had been painted, but that
the kitchen walls were defective, and that the ceilings of the
hallway, bathroom, living room and bedrooms were variously,
cracked, peeling paint and plaster, blistered or otherwise
defective. The tenant had complained, in pertinent part, that
various rooms and areas in the apartment required painting. The
inspector also confirmed the tenant's complaint that the bedroom
steam cover was loose.
On appeal, the owner reiterates that the tenant had refused
the owner access to complete repairs, and provided access
reluctantly only after the City Housing Court directed the tenant
to do so by an order dated January 28,1992.
However, the owner's contention does not explain that the
subsequent inspection on April 22, 1992 confirmed the existence of
conditions warranting a rent abatement some months after the owner
obtained access and painted the apartment. Therefore, there is no
basis to revoke the rent reduction.
The owner is correct that the rent stabilized tenant is not
entitled to any further rent abatements as there exists a prior
order per Docket FH510405S reducing the rent. For rent stabilized
apartments where a rent reduction was already in effect for any
type of service decrease, no further rent reduction is
authorized by a separate subsequent rent reduction order.
However, the owner may not collect any increase or rent
restoration until the Administrator issues an order restoring the
rent predicated on the restoration of all outstanding services
With respect to the owner's concern that the tenant fails to
cooperate in providing access, or that access is provided
grudgingly, the Commissioner notes that a "no-access" inspection
may be conducted if the tenant fails to provide access to correct
the conditions cited. It is noted, however, that in order to
schedule a "no-access" inspection, the owner must comply with the
requirements set forth in Policy Statement 90-5: Arranging Repairs
No Access Inspections. In pertinent part, the owner must submit
proof that the owner was unable to obtain access even though two
letters were sent to the tenant attempting to arrange access dates.
Each letter must have been sent at least eight days before the
proposed date for access, and the second letter must have been sent
by certified mail.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be denied and that the
Administrator's order be affirmed.
JOSEPH A. D'AGOSTA