Docket Number: FD-110254-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.: FD 110254-RO
:
GUSTAVO RODRIGUEZ/ DISTRICT RENT ADMINISTRATOR'S
FOTOS TAHLIAMBOURIS, : DOCKET NO.: EK 110578-S
PETITIONERS :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 24, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 19, 1991,
concerning t e 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.
On November 7, 1990, the owner commenced this proceeding by filing
an application to restore rent based on the restoration of all
services.
In its answer filed on December 13, 1990, the owner asserted that
the tenant refused access for repairs.
Thereafter on February 26, 1991 and February 27, 1991, inspections
of the subject apartment were conducted by a D.H.C.R. inspector who
confirmed the existence of defective conditions.
The Rent Administrator directed on March 19, 1991 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 refused access for repairs.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner alleges in this petition and below that the
tenant refused access, the owner failed to submit to DHCR copies of
two letters to the tenant attempting to arrange access dates
pursuant to Policy Statement (90-5) "Arranging Repairs/No Access
Inspections."
The owner thus failed to rebut the December 26, 1991 and December
27, 1991 inspection finding decreased services, warranting rent
reduction.
Docket Number: FD-110254-RO
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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