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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.:
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RENT ADMINISTRATOR'S
BEE & BEE MANAGEMENT CORP., DOCKET NO.:
DG610428S
SUBJECT PREMISES:
1455 Sheridan Ave.
PETITIONER Apt. 2-E, Bronx, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on September 12, 1989, concerning
the above-described housing accommodations.
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 July 27, 1989, 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 failed
to provide access.
On August 29, 1989, an inspection of the subject apartment was
conducted by a Division of Housing and Community Renewal (DHCR)
staff member who confirmed the existence of defective conditions.
By an order dated September 12, 1989, the Administrator directed
the restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
refused to provide access.
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DHCR mailed a copy of the petition to the tenant who answered,
denying the owner's allegations and stating that repairs were still
needed.
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
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
August 29, 1989 inspection which confirmed the existence of defec-
tive conditions, warranting a rent reduction. The owner failed to
produce any evidence or documentation substantiating his claim of
lack of access both in the proceeding below and with this petition.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. Division records indicate
that the owner filed an application to restore the rent which was
denied on July 15, 1993, under Docket No. FL610149OR. Division
records also reveal that another such application has been filed by
the owner and is currently pending before the Administrator under
Docket No. HL610168OR.
The automatic stay of the retroactive rent abatement that resulted
from the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, 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:
LULA M. ANDERSON
Deputy Commissioner
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