EL 520288 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.: EL 520288 RO
Isaac Heitz for Manor Mgmt., DISTRICT RENT ADMINISTRATOR
DOCKET NO.: DE 520248 S
ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On December 26, 1990, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued
on December 5, 1990 by the District Rent Administrator at Gertz
Plaza, Jamaica, New York, concerning the housing accommodations
known as 20 Broadway Terrace, Apartment 3D, New York, New York,
wherein the Administrator reduced the tenant's rent of a finding
of a reduction of services.
The applicable law is Section 2202.4 of the Rent Stabilization
and Eviction Regulations.
The issue on appeal is whether the Administrator's order was
The tenant commenced these proceedings on May 4, 1989 by filing a
complain alleging various reductions in service.
The owner responded on June 2, 1989, alleging, among other items,
that the tenant refused to allow repairmen access to the
apartment, including in its answer a copy of a letter it
allegedly sent to the tenant, said letter informed the tenant
that the owner had sought to make an appointment with the tenant
to make repairs, but had been unable to contact the tenant.
An inspection was conducted on April 3, 1990 by a member of the
Division's inspection staff. The inspection confirmed the
existence of some of the conditions claimed by the tenant, and
found that other complained-of conditions did not exist.
On December 5, 1990 the Rent Administrator issued an order based
on the report of the physical inspection, reducing the Maximum
Legal Rent by $17.00 per month, effectiv3e on the first rent
payment day following the issue date of the order.
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 these proceedings should
be remanded to the District Rent Administrator for further
A review of the record reveals that the owner, in its answer
EL 520288 RO
before the Administrator, supplied documentary evidence tending
to indicate denial of access to the owner by the tenant, and that
the Administrator did not consider this evidence when making its
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition be and the same hereby is granted to
the extent of remanding this proceeding to the District Rent
Administrator for further processing in accordance with this
order and opinion. The Administrator's Order finding a reduction
in services remains in effect pending the Administrator's
decision made upon remand.