Docket Number: FB-420237-RO
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.: FB 420237-RO
:
C. HITTER/S. BEAME, DRO DOCKET NO.: DI 420498-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 26, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on January 22, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
On September 26, 1989, the tenant commenced this proceeding by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on October 20, 1989, the owner alleged in
substance that repairs are being completed but that the tenant does
not always granted access.
On July 17, 1990, DHCR informed the owner about Policy Statement
90-5 instructing the owner the proper procedures to be taken and
required documentation to submit within twenty days when a tenant
fails to provide access.
On August 10, 1990, the owner filed with DHCR copies of two letters
to the tenant attempting to arrange access dates pursuant to said
procedures.
On December 7, 1990, DHCR scheduled a "no access" inspection of the
subject housing accommodations by mailing to the tenant and owner in
their correct address a December 17, 1990 inspection date t 10:30-
11:00AM. Although duly notified to do so, the owner failed to
appear at the inspection.
Thereafter on December 17, 1990, an inspection of the subject
apartment was conducted by a DHCR inspector, who confirmed the
existence of defective conditions.
On January 22, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization
rent.
In this petition, the owner contends in substance that the tenant
had a history of denying access.
The Commissioner is of the opinion that the petition should be
denied.
Docket Number: FB-420237-RO
The record clearly shows that on December 7, 1990, both owner and
tenant were informed by DHCR about a "no access" inspection on
December 17, 1990 at 10:30 - 11:00 AM. The petitioner-owner
provided no reason for its absence on the inspection date.
Because inspection objectively disclosed that the complained-of
conditions existed, the Administrator correctly found that the rent
reduction is warranted.
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.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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