Docket Number: FD-110168-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.: FD 110168-RO
GRENADIER REALTY CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DG 110870-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 12, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 2, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
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 administrative appeal.
On July 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 February 12, 1991, the owner asserted that
the tenant refused access.
DHCR scheduled various appointment dates with tenant and owner for
Thereafter on February 14, 1991 and March 21, 1991 inspections of
the subject apartment were conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
On April 2, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance, that the tenant denied the owner access for repairs.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Docket Number: FD-110168-RO
Although the owner was notified of scheduled appointments for access
to repair, the owner failed to appear on the February 14, 1991 and
March 21, 1991 inspections. In addition, the owner failed to comply
with the proper procedures of Policy Statement 90-5 "Arranging
Repairs/No Access Inspections."
Accordingly, the Commissioner finds that the Administrator properly
relied on the results of the inspections; and that, based thereon,
the Administrator properly determined that the owner had failed to
maintain services and properly reduced the tenant's rent.
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application for restoration of rent
based upon the restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby