ADM. REVIEW DOCKET NO.: BH - 110269 RO
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.:
BH 110269 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BB 110080 S
SUN MANAGEMENT
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 22, 1987, the above named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued on
July 20, 1987, by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodations known as 41-41 41st
Street, Apartment 1D, Queens, New York, wherein the Administrator
determined the tenant's complaint of decreased services commenced
on February 9, 1987.
The challenged order decreased the tenant's rent based on the
results of an inspection held on March 9, 1987 that confirmed
several claims of decreased services cited in the tenant's
complaint.
On appeal, the owner requests that the rent reduction be
revoked on the ground that the owner was denied due process in that
the Administrator failed to adhere to allegedly established
procedures of providing the owner with notification of either the
inspection or the results thereof.
However, the Division's procedures, then as now, do not
require that notice of the inspection be given to the parties
unless their presence is required, nor to apprise the parties of
the result. Moreover, the Courts have affirmed the Division's
position that there is no due process requirement to serve
inspection reports on the owner. Empress Manor v DHCR, 538 N.Y.S.
2d 49 (App Div. 2nd Dept.). The owner was afforded due process
notice by service of the tenant's complaint.
ADM. REVIEW DOCKET NO.: BH - 110269 RO
The Commissioner rejects the owner's characterization of the
complaint as a "fishing expedition," in "an attempt to harass the
owner", that "was able to find only a few minor items." Tenants,
like owners, are free to pursue their legal remedies provided under
the Rent Stabilization Law and Code.
The inspection confirmed several serious conditions, including
defective and missing kitchen equipment, defective and missing
lighting fixtures, holes in walls, exposed wiring and an entire
apartment in need of painting. Since the Administrator determined
that service decreases had occurred, rent reductions were mandated.
Hyde Park Gardens v DHCR, 527 N.Y.S. 2d 841 (A.D. 2nd Dept.),
aff'd. 541 N.Y.S. 2d 345 (Ct App. 1989).
The owner's claim of repairs is belied by the results of the
inspection that confirmed several service decreases. The owner
also fails to support the claim that the tenant had refused access
to the owner to make repairs, as would be provided by, for example,
advance written notice to the tenant by certified mail or mailgram
of scheduled appointments to effectuate repairs.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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