CC 410278 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CC 410278-RO
MARJOMAR REALTY CO., RENT ADMINISTRATOR'S
DOCKET NO.:
BG 410068-S
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 6, 1988, the above-named petitioner-owner filed a Peti-
tion for Administrative Review (PAR) against an order issued on
February 3, 1988, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
450 East 88th Street, Apartment 4-N, New York, New York wherein
the Administrator determined the tenant's complaint of a reduc-
tion of services.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on October 29, 1987. The
inspection revealed that the apartment walls were smoke damaged
as the result of the fire in the subject building on March 9,
1987.
On appeal, the owner requests that the order be reversed on the
grounds of lack of due process. The owner asserts that notice of
the complaint and an opportunity to answer were never provided,
that the owner did not submit an answer due to lack of knowledge
of the complaint, and that the tenant had not provided the owner
timely access to conduct repairs. The owner acknowledged notice
of and was present, at the DHCR inspection, and that access was
eventually obtained, as the result of a Housing Court ordered
stipulation dated October 16, 1987.
The applicable law is Section 2520.6(r) and 2523.4 of the Rent
Stabilization Code.
The claim of lack of due process is belied by the record.
The Examiner's Progress Sheet notes in the case docket below
indicate that a copy of the complaint was served on the owner on
August 3, 1987. The record also contains the owner's answer,
dated August 18, 1987, stamped received on August 25, 1987. The
owner's answer stated that the tenant finally allowed the owner
access to complete work after several occasions when access had
CC 410278 RO
been denied. Moreover, statements in the answer are inconsistent
with statements in the owner's appeal that access was obtained
only as a result of the subsequent Court ordered stipulation
dated October 16, 1987.
The owner's other allegations that the tenant had denied access
in 1984, and thereafter, in connection with other matters, were
not pertinent to these proceedings.
The Commissioner notes that the Administrator issued an order on
January 12, 1989, under Docket No. CC 410053-OR that granted the
owner's application for a rent restoration.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and that the order of the Rent Adminis-
trator's be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
