Docket Number: FD-220038-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 220038-RO
:
NEWTON PRIMUS, DRO DOCKET NO.: DK 220276-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on February 26, 1991, concerning the
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 15, 1989, the tenant commenced this proceeding by
filing a complaint that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on December 18, 1989 and March 9, 1990, the
owner denied the allegations set forth in the tenant's complaint and
asserted that the tenant had a history of refusing access.
In reply, the tenant stated "I never refused or denied access to
landlord within working hours as long as I was properly informed of
the time and day."
On January 7, 1991, inspection was requested. But the owner failed
to submit to DHCR copies of letters specifying attempted scheduled
appointments to repair the subject apartment.
Thereafter on February 26, 1991, an inspection of the subject
apartment was conducted by a DHCR inspector who confirmed the
existence of defective conditions. The owner was not present at
this inspection.
On February 26, 1991, the Administrator directed restoration of the
services and further ordered a reduction of the stabilization rent.
In this petition, the owner states in substance that the tenant
allowed access only after the order was issued.
The Commissioner is of the opinion that this petition should be
denied.
Although the owner alleged tenants' refusal of access, the owner
failed to arrange repairs for no access inspections in the
proceeding below pursuant to Policy Statement 90-5. In addition,
Docket Number: FD-220038-RO
the tenant denied the owner's contention and alleged that it was
available within working hours as long as "I was properly informed
of the time and day." Accordingly, the owner failed to prove its
contention in this regard.
The record clearly shows that a February 6, 1991 inspection
confirmed the existence of defective conditions. Thus, the
Administrator properly found a diminution of service, warranting
rent reduction.
THEREFORE, in accordance with the Rent and Eviction Regulations, 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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