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.:EE210147RO
MRM Management Co., RENT ADMINISTRATOR'S
DOCKET NO.:DK210144S
SUBJECT PREMISES:
320 Eastern Parkway
Apt. 6I
Brooklyn, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on April 23, 1990 concerning the housing
accommodations relating to the above-described docket number.
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 October 27, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations in the complaint and
otherwise asserted in substance that the tenant refused access to
repairmen. The owner submitted copies of statements from the
building superintendent and painters/contractors, claiming that the
tenant did not allow them to do repairs.
There is nothing in the record that an inspection to allow access
was scheduled for the owner and the tenant so that repairs could be
performed in the subject apartment. A regular inspection on March
22, 1990 was conducted by a DHCR staff member who confirmed the
existence of defective conditions.
By an order dated April 23, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends that in view of the
documentation submitted below, an inspection to allow access for
repairs should have been conducted; and that the rent reduction
order should be reversed.
DHCR mailed a copy of the petition to the tenant, who failed to
dispute the owner's defense of denied access.
EE210147RO
After careful consideration, the Commissioner is of the opinion that
the petition should be granted and that the Administrator's order
should be revoked.
The record establishes that the owner properly raised in the
proceeding below the defense that the tenant refused access, and
that an inspection to allow access for repairs was not scheduled as
should be. In addition, the claim of denied access was not disputed
by the tenant. Accordingly, the owner's petition is granted and the
Administrator's order issued on April 23, 1990 is revoked.
The Commissioner notes that the owner's rent restoration application
(EE210080OR) was granted on December 31, 1990.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears shall be paid in monthly
installments which shall not exceed the amount of the monthy rent
reductions revoked herein
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, granted, and
that the Administrator's order be, and the same hereby is, revoked.
ISSUED:
Lula M. Anderson
Deputy Commissioner
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