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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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476 West 165th St. Realty Co., (Refile of
CE510146RO)
RENT ADMINISTRATOR'S
DOCKET NO.:
BF410451S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed and perfected a timely petition for
administrative review of an order issued on May 10, 1988,
concerning the housing accommodations known as 476 West 165th
Street, New York, New York, Apartment 4D, wherein the Rent
Administrator determined the tenant's complaint of a reduction of
apartment services.
The Rent Administrator found that services had been reduced, in
that the apartment doorbell was found to be inoperative.
The Rent Administrator directed restoration of the service, and
further, ordered a reduction of the stabilization rent.
In the petition for administrative review, the owner states, in
pertinent part, that the tenant refuses to provide the owner access
to make repairs.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services.
The owner's bare assertion on appeal that the tenant refused the
owner access does not establish any basis for revoking or modifying
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the Rent Administrator's order, which found that the owner was not
maintaining required services.
The owner may file a rent restoration application upon restoration
of the services. If the tenant fails to provide access to correct
the condition cited, a "no-access" inspection may be conducted. It
is noted, however, that in order to schedule a "no-access"
inspection,the owner must comply with the requirements set forth in
Policy Statement 90-5: Arranging Repairs No Access Inspections.
In pertinent part, the owner must submit proof that the owner was
unable to obtain access even though two letters were sent to the
tenant attempting to arrange access dates. Each letter must have
been sent at least eight days before the proposed date for access,
and the second letter must have been sent by certified mail.
The automatic stay of the retroactive rent abatement that resulted
by the filing of the petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the provisions of 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
Deputy Commissioner
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