STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:DI610011RO
J.A.I. Realty, RENT ADMINISTRATOR'S
2250 Grand Concourse
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 24, 1989 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 the petition.
The tenant commenced this proceeding on August 3, 1988 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted in substance that the tenant refused
A No Access notice was sent to the tenant and the owner, advising an
August 10, 1989 inspection date when the tenant should be ready to
provide access to the owner's worker(s) and the owner's workers
should be ready to perform the repairs at that time.
Thereafter, a No Access inspection was conducted on August 10, 1989
by a DHCR staff member who confirmed the existence of various
defective conditions. The inspector noted that the owner failed to
keep the appointment.
By an order dated August 24, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
three (3) times refused access to repairmen. The owner further
stated that the tenant signed a work order sheet on September 5,
1989 and February 14, 1990.
DHCR mailed a copy of the petition to the tenant.
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
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
The owner's petition does not establish any basis to modify or
revoke the Administrator's determination based on the August 10,
1989 inspection which confirmed the existence of defective
conditions, warranting a rent reduction. The record establishes that
the owner did not appear at the scheduled No Access inspection.
With respect to allegations of other instances of denied access and
work orders performed subsequent to the issuance of the
Administrator's order, the Commissioner finds these assertions
beyond the scope of review, which is limited to the issues and
evidence before the Administrator.
The owner is advised to file an application for rent restoration
based on the restoration of services if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code ,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA