DJ410112RO
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
STANTON REALTY, DOCKET NO.:
CG410032S
SUBJECT PREMISES:
175 Stanton Street
PETITIONER Apt. 3, N. Y., 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 25, 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 5, 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
to provide access and that extermination service was provided on a
regular basis.
A No Access Notice was sent to the tenant and the owner, advising
them of an August 3, 1989 inspection date when the tenant should be
ready to provide access to the owner's worker(s) and the owner's
worker(s) should be ready to perform the repairs.
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Thereafter, a No Access inspection was conducted on August 3, 1989,
by a Division of Housing and Community Renewal (DHCR) staff member
who confirmed the existence of various defective conditions. The
inspector noted that the owner appeared with workers, who began to
make repairs.
On September 14, 1989, a second inspection of the subject apartment
was conducted by a DHCR staff member who again confirmed the
existence of defective conditions.
By an order dated September 25, 1989, the Administrator directed
the restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
had repeatedly failed to provide access, that regular extermination
service is provided, and that subsequent to the issuance of the
rent reduction order the work was completed.
DHCR mailed a copy of the petition to the tenant who answered,
stating that the deficiencies had not been remedied and that the
owner has failed to keep scheduled appointments for access when she
has waited at home for the workers.
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
September 14, 1989 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The Commissioner notes that although copies of letters concerning
access were submitted, the owner failed to adequately substantiate
its assertion relating to lack of access both below and on this
appeal.
The rent will be restored only when an owner's application to
restore the rent is filed and granted. The owner is advised to
file such an application if the facts so warrant.
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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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