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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.: GC 220173 RO
FRANK SARDO ADMINISTRATOR'S DOCKET
NO.: FG 220312 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 12, 1992 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued December 16, 1991. The order
concerned housing accommodations known as Apt 1L located at 430
Bleecker Street, Brooklyn, N.Y. The Administrator ordered a 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 by filing a Statement of
Complaint of Decrease in Services on July 19, 1991 wherein she
alleged the following services deficiencies:
1. Kitchen sink in bad condition,
2. Kitchen walls dirty,
3. Kitchen ceiling leaking,
4. Apartment windows sealed shut on top with bars put
on bottom making fire exit impossible.
The tenant also made complaints with regard to her lease, the
number of rooms in the apartment, and her mail delivery. Said
complaints are not relevant to the issue of whether the owner is
providing required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on August 5,
1991 and stated that there were window guards on the windows as
required by law, that the tenant had requested and been given
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paint, that the sink was old but usable and that the tenant has
refused access to the apartment so that repairs could be made.
The tenant filed a response on August 23, 1991 and stated that the
owner had removed her refrigerator and refused to replace it. In
another letter dated August 27, 1991, the tenant reported the
owner's unscheduled visits to the apartment with a painter on two
different occasions but no repairs were done.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on November 19, 1991 and
revealed the following:
1. Kitchen hot water faucet leaking,
2. Evidence of leaks and water stains on kitchen walls
3. Defective window sashes and frames throughout
4. Peeling paint and plaster throughout apartment.
The inspector also reported that the tenant's mailbox was being
The Administrator issued the order here under review on
December 16, 1991 and ordered a rent reduction equal to the most
recent guideline adjustment based on the report of the inspector.
On appeal the owner states that the tenant has refused to give
him access to do the required repairs. Attached to the petition is
a notarized affidavit of the owner which states that the tenant
refused to allow access to him and the painter.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the owner has not set forth any
proof of attempts to gain access to the tenant's apartment (i.e.
correspondence setting forth date and time access requested.) The
notarized statement of the owner is totally without detail and the
Commissioner notes that the painter did not submit an independent
statement corroborating the owner's claim. The Commissioner notes
that the owner could have requested a "no access inspection"
pursuant to the procedures set out in DHCR Policy Statement 90-5.
The owner did not do so. The Commissioner, therefore, rejects the
owner's claim of lack of access.
Pursuant to 9 NYCRR 2523.4 (a) a tenant may apply to the DHCR
for a rent reduction and the rent shall be reduced after a finding
that the owner has failed to maintain required services. Required
services are defined by 9 NYCRR 2520.6 (r) to include repairs and
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maintenance. The Commissioner finds that the Administrator
properly based this determination on the entire record, including
the results of the on-site physical inspection conducted on
November 19, 1991. The order here under review was correctly
issued and is, therefore, affirmed. The Commissioner notes that
the owner has filed for rent restoration (see Docket No. GB 220109
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
Acting Deputy Commissioner