Docket No. EG 920345-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.: EG 920345-RO
DRO DOCKET NO.:
Premises: 95-117 Ravine
Susan Weinstein PETITIONER #1B, Yonkers,
------------------------------------X New York
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
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 by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject premises.
In its answer, the owner variously asserted that certain
repairs had been made and others would soon be made. Others were
alleged not to be necessary. Still others were alleged to be due
to theft or vandalism.
The Rent administrator directed restoration of the services
and further ordered a reduction of the regulated rent.
In its petition for administrative review the owner states
that the Administrator's order is not based on an inspection,
and should be vacated. The owner further contends that it
received a "Request for Additional Information/Evidence Final
Notice" from the Administrator; that the Request allowed the
owner 10 days to respond; and that the owner received the
request on July 11, 1990 but the Administrator's order was issued
on July 20, 1990 (9 days later), thus denying the owner the
opportunity to timely submit evidence before the Administrator.
The owner contends that it should have had until July 25, 1990 to
respond, being 10 working days from receipt of the notice.
The Commissioner is of the opinion that this petition should
Docket No. EG 920345-RO
In addition to giving the owner 10 days from the date of
mailing to reply to a submission by the tenant in reponse to the
owner's answer, the request also advised the owner to correct all
the conditions complained of by the tenant within 10 days of the
receipt of the mailing. The additional evidence was explicitly
requested by the Administrator to be submitted by the owner
within 10 days of the July 9, 1990 mailing date (not the receipt
date as contended by the owner on appeal) of the Request. The
owner was additionally advised that "Failure to comply with the
above will result in a rent decrease". The Commissioner thus
finds that the owner did not comply with the Request in a timely
manner and that the Administrator was correct in granting a rent
decrease. Under the circumstances, including the owner's
admission of certain service reductions in its answer, and the
owner's failure to timely answer the July 9, 1990 request, the
owner's contentions on appeal concerning the lack of inspection
are without merit.
THEREFORE, in accordance with the provisions of the New York
State Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
Joseph A. D'Agosta
Acting Deputy Commissioner