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
-----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CE110218R0
J.H. Winfrey/
Visutton Management Corp., RENT ADMINISTRATOR'S
DOCKET NO.: BJ110348S
PETITIONER PREMISES: Apt. 14K
99-40 63rd. Rd.
Rego Park, NY
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on April 28, 1988 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
This proceeding was commenced on October 5, 1987 by a tenant filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
On November 30, 1987, a copy of the complaint was transmitted to the
owner with notice to the effect that it had 21 days to interpose an
answer.
By letter received on December 18, 1987, the owner requested an
extension to file an answer until March 31, 1988. In its letter, the
owner states that "if we do not hear from you we must assume it has
been accepted."
On January 7, 1988, DHCR requested the owner for more specific
information including, but not limited to, "schedules for commencing
and completing the work."
The owner failed to respond to DHCR's request.
CE110218RO
On February 17, 1988, a physical inspection of the apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By order dated April 28, 1988, the Administrator directed the
restoration of services and further ordered a reduction of the
stabilized rent based on the inspection finding that the walls and
ceiling of the living room, the master bedroom and the 2nd. bedroom
are moldy and have peeling paint and plaster.
In the petition for administrative review, the owner contends that
by a letter dated March 17, 1988, it requested DHCR for further
extension until April 30, 1988, stating that "if we do not hear from
you to the contrary we will assume such extension has been granted";
and that it was not notified by DHCR that this request was denied.
DHCR mailed the tenant a copy of the owner's petition.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The Administrator's determination was properly based on a timely
inspection which found defective conditions in the subject
apartment, warranting a rent reduction.
Though a copy of the complaint was transmitted to the owner with
notice to the effect that it had 21 days to interpose an answer, the
owner requested an extension to do so four (4) months later, stating
that "if we do not hear from you to the contrary we will assume such
extension has been granted". DHCR neither denied nor granted the
request, but answered the owner's letter with an inquiry for some
evidence of repairs. The owner failed to respond to this inquiry.
The Commissioner notes that the Division was not required to respond
in writing to this extension request and in the absence of a clear,
written grant, the owner should not assume that such a request would
be granted.
The Commissioner notes that the owner's rent restoration application
(DJ110014OR) was granted on May 1, 1990.
CE110218RO
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this 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
Deputy Commissioner
|
