ADM. REVIEW DOCKET NO.: ART 08033 Q
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.:
ART 08033 Q
:
DRO ORDER NO.:
Q 04095 OR
JEFF WEISSMAN
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 11, 1986, the above named petitioner tenant filed
a Petition for Administrative Review against an order issued on
January 9, 1986, by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 196-62
67th Avenue, Apartment No. 1, Fresh Meadows, New York, wherein the
Administrator determined the owner's application to restore rent
previously reduced in an order issued on May 6, 1984 under Docket
Nos. 84020 P and 84618 P.
In the rent restoration application, the owner asserted that
the tenant refused access to the owner's handyman at a scheduled
appointment to make repairs on Friday, May 17, 1985. The owner also
stated that the tenant had refused the handyman's offer to come
back the next day, a Saturday, and that the tenant refused to
schedule another appointment. The challenged order restored the
rent effective June 1, 1985.
On appeal, the tenant asserts that the repairs have not been
done. The tenant acknowledges that he refused the handyman access
on May 17, 1985, as he was in the process of leaving for the
weekend. However, the tenant disputes the owner's assertion that
there was a scheduled appointment, and asserted that the handyman
came to the apartment without prior notice to the tenant by the
owner.
ADM. REVIEW DOCKET NO.: ART 08033 Q
The applicable law is Section 2520.6(r) and 2523.4 of the Rent
Stabilization Code.
The Division's records fail to reveal that the tenant has
filed a subsequent rent reduction application for the conditions
alleged in the six years since the rent restoration order was
issued, which he could have done, and may still do if the necessary
repairs have not yet been done.
It is also unlikely that an investigation into the events of
May 17, 1985, some seven (7) years after the fact, would resolve
the contradictory statements of the parties. Consequently, the
Commissioner is of the opinion that the Administrator's order
should be affirmed.
This order is issued without prejudice to the tenant's right
to apply for rent reductions for current conditions, as the facts
may warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's 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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