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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.: DF410171RO
268 WEST 12TH STREET OWNERS' CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.: CC410568S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 26, 1989, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on May 22, 1989,
by the Rent Administrator, concerning the housing accommodations
known as 270 West 12th Street, Apt.#2B, New York, N.Y., wherein the
Administrator determined that a reduction in rent was warranted
based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
reduced the rent of the subject apartment.
On March 8, 1988, the tenant filed a complaint alleging that the
owner failed to maintain certain services in the subject apartment.
The owner filed an answer to the complaint alleging, in pertinent
part, that the tenant usually did not provide access to its
maintenance workers to perform the needed repairs but that access
was finally provided and that all repairs had been made.
A DHCR no-access inspection conducted on May 2, 1989, revealed that
although certain service deficiencies had been corrected, other
deficiencies were not corrected. More specifically, the inspector
found the following unresolved service items:
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1. Defective front window chain.
2. Defective living room light fixture.
3. Defective bathroom floor.
4. Defective bathroom wall.
5. Living room light fixture wires were exposed.
On appeal, the petitioner-owner asserted, in pertinent part, that
the tenant was either refusing or delaying access to the subject
apartment and that this prevented the owner from correcting all
service deficiencies.
The petition was served on the tenant on September 18, 1989.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be denied.
The Commissioner has considered the owner's argument that access to
the subject apartment was delayed or denied but rejects this
argument. The file shows clearly that the owner's employees gained
access to the subject apartment and completed some repairs in a
workmanlike manner. The owner's supplementary answer, dated
November 4, 1988, clearly admits this fact.
Moreover, the owner had almost thirteen (13) months from service of
the tenant's complaint until the issuance of the Administrator's
order to investigate the tenant's complaint and to make all
necessary repairs, but had failed to do so.
Additionally, the record shows that a "no access" inspection was
conducted on May 2, 1989, but that the owner was not present. The
tenant was represented by Mr. C. Oliver who provided access to the
DHCR inspector.
Accordingly, the Rent Administrator's order based on the inspection
was correct.
The automatic stay of retroactive rent abatement that resulted by
the filing of this petition is vacated upon issuance of this order
and opinion.
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Upon a restoration of services, the owner may separately apply for
rent restoration.
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
DEPUTY COMMISSIONER
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