EE 110398 RO
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.: EE 110398 RO
KEW-JAC ASSOCIATES, DRO DOCKET NO.: DK 110715-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a Petition for
Administrative Review (PAR) against an order issued by the
District Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodations known as 119-37 Metropolitan
Avenue, Apartment 4D, Kew Gardens, New York wherein the
Administrator reduced the tenant's rent on a finding of a
reduction of services.
The applicable law is Section 2523.4 of the Rent Stabilization
The issue on appeal is whether the Administrator's order was
The tenant commenced these proceedings by filing a complaint
alleging various reductions in service.
The owner responded that the tenant refused to allow repairmen
access to the apartment. Included in its answer were copies of
letters to the tenant requesting access.
An inspection was conducted by a member of the Division's
inspection staff. The inspector confirmed the conditions
complained of by the tenant.
The Administrator issued an order reducing the tenant's rent and
directing a restoration of services.
In the appeal, the petitioner reiterates its assertions below that
the tenant refused access to the apartment to make repairs.
The Commissioner is of the opinion that this petition should be
Despite the owner's assertions, the physical inspection report
discloses the complained of conditions existed, and the
Commissioner finds that the rent reduction is warranted.
The Commissioner notes that on May 11, 1990 the owner filed for a
rent restoration, and that this request was granted on May 6, 1991
under Docket# EE 110106-OR.
The Commissioner further notes that the owner again filed an
EE 110398 RO
application for rent restoration on March 1, 1991, and that this
request was granted on August 14, 1991 under Docket# FC 110036-OR.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, Chapter 403, Laws of 1983, as amended
by Chapter 102, Laws of 1984, and Operational Bulletin 84-1, it is
ORDERED, that this petition be and the same hereby is denied and
that the order of the Rent Administrator be, and the same hereby
JOSEPH A. D'AGOSTA