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.:EI410019RO
Melohn Properties, RENT ADMINISTRATOR'S
100 Riverside Drive
New York, NY
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 July 31, 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 June 13, 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 and otherwise asserted
without any proof that the tenant refused access to repairmen.
On April 27, 1990, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
DHCR mailed to the owner on June 13, 1990 a request for additional
information or evidence and a copy of Policy Statement (90-5)
"Arranging Repairs; No Access Inspections", wherein the owner was
required to submit to DHCR copies of two letters to the tenant
attempting to arrange access dates. In addition, each of the letters
must be mailed at least eight days before the proposed date for
access and the second letter must be sent by certified mail, return
receipt requested. The return receipt must be submitted with the
request for a No Access inspection. The owner was cautioned to
comply with these requirements within twenty (20) days from the date
By an order dated July 31, 1990, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that it complied
with Policy Statement (90-5) "Arranging Repairs; No Access
Inspections" priory to the issuance of the order, and attaches proof
The owner submitted copies of the following:
(1) a June 15, 1990 certified letter to DHCR with a return
receipt dated June 19, 1990, concerning the tenant's refusal of
access, with these attachments-
(a) a Western Union mailgram dated June 15, 1990 to the
tenant proposing a June 25, 1990 access;
(b) a June 15, 1990 letter (regular mail) to the tenant
requesting the same access date; and
(2) a July 11, 1990 letter to DHCR, again informing DHCR of
denied access, including therewith a certified letter dated June 27,
1990 to the tenant requesting access on July 6, 1990 and a return
receipt dated June 28, 1990.
In answer, the tenant denied the allegations in the petition and
otherwise asserted that these papers are just for "legal show", that
she did not refuse access, that she did call the owner upon receipt
of these mailings, but that the owner would not discuss with her
"the nature of these repairs".
After careful consideration, the Commissioner is of the opinion that
the petition should be granted and the Administrator's order
The record shows that the owner offered sufficient evidence prior to
the issuance of the Administrator's order to support the contention
that the tenant refused access. The Administrator failed to address
this evidence which was timely submitted. Accordingly, the order
appealed from is revoked and the petition is granted.
The owner's rent restoration application (EI410005OR) was granted on
January 10, 1991.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears should be paid in monthly
installments which shall not exceed the amount of the monthly 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.
JOSEPH A. D'AGOSTA