EJ 210101 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.: EJ 210101 RO
Ed Brenner, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: DI 230111 B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 1, 1990, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
August 28, 1990 by the Rent Administrator of the Gertz Plaza,
Jamaica, District Rent Office, concerning the housing
accommodations known as 613 54th Street, Apt 12, Brooklyn,
The Administrative Appeal is being determined pursuant to
the provisions of 9NYCRR 2523.4.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
On October 14, 1989 the tenant filed a complaint of decrease
in services, alleging various decreases in service.
The owner did not interpose an answer to the tenant's
On August 15, 1990 a physical inspection of the subject
housing accommodation was conducted by the DHCR. The owner was
not present, thus the inspector could not gain access to the
On August 28, 1990, the Rent Administrator found that the
owner had not kept the scheduled appointment, thus constructively
admitting the factual allegations of the tenant's complaint. The
Administrator thus issued an order based on the report of the
physical inspection, reducing the legal regulated rent by the
percentage of the most recent guidelines adjustment for the
tenant's lease which commenced before January 1, 1990, the
effective date of the order, and directing the owner to refund to
the tenant all amounts collected in excess of the reducing rent
since the above mentioned effective date.
In his petition, the owner contends that the inspector
"insisted" on making an appointment for 2:00 p.m., despite the
owner's telling him that it would be very difficult for him to be
EJ 210101 RO
at the premises at that time. Owner further contends that when
the inspector had previously attempted to inspect the premises,
the tenant refused him access. Owner additionally rebuts
tenant's complaint of decrease in services claiming that defects
have either been corrected or that no defects exist.
The Commissioner is of the opinion that this petition should
The owner did not answer the Administrator below. He is
thus barred from presenting his allegation for the first time on
This order is issued without prejudice to the owner's right
to file the appropriate application for restoration of the rent,
if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be,
and the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.