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.:
PETITIONER EJ 610237-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 26, 1991, the above-named owner filed a petition for
administrative review of an order issued on February 20, 1991, by
a Rent Administrator concerning the housing accommodation known
as Basement, 2106 Bronx Park East, Bronx, New York, wherein rent
was reduced due to a diminution of services.
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 petition for review.
On October 4, 1990 the subject tenant filed an application for a
rent reduction based on the owner's alleged failure to maintain
services alleging various items of complaint.
The Rent Administrator's file contains no evidence of any answers
having been interposed by the owner.
On January 3, 1991 a physical inspection of the subject apartment
was carried out by the Division of Housing and Community Renewal
(DHCR). The inspector, in his report, noted that the complained
of conditions were as alleged by the tenant.
On February 20, 1991 the Rent Administrator issued the order here
under review finding that a diminution of services had occurred
and reducing the tenant's rent to the level in effect prior to
the last rent guideline increase which commenced before the ef-
fective date of the rent reduction.
In his petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that he
interposed an answer to the tenant's complaint wherein he alleged
a denial of access by the tenant and submitted evidence of denial
of access, and that this answer was not considered by the Rent
Administrator. Attached to the owner's petition are: a photocopy
of the owner's November 5, 1990 answer with photocopied proof of
receipt by the DHCR, photocopied letters to the tenant requesting
access dated October 22, 1990 and October 29, 1990, photocopied
proof of mailing for both letters, and photocopied proof of
receipt by the tenant of the letters.
The tenant did not interpose an answer to the owner's petition
although she was afforded an opportunity to do so.
After careful consideration the Commissioner is of the opinion
that this petition should be granted.
The Commissioner notes that the owner, within five days of his
being served with a copy of the tenant's complaint, contacted the
tenant by both regular and certified mail to obtain access for
the purpose of effectuating repairs and that the owner, one week
later contacted the tenant again by both regular and certified
mail for the same purpose. The Commissioner additionally notes
that the tenant received these letters and that the tenant has
not denied any of the allegations made by the owner although
afforded the opportunity to do so.
Accordingly, the Commissioner finds that t e tenant denied ac-
cess and that the rent reduction should be revoked.
If there are arrears due the owner as a result of this order and
opinion the tenant shall be permitted to pay off said arrears in
three equal, monthly installments beginning with the first rent
payment date after issuance of this order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the Rent Administrator's order be, and the same hereby