Docket Number: FD-510079-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 510079-RO
:
4455 BROADWAY ASSOCIATES/ DISTRICT RENT ADMIN.
ISAAC HEITZ, : DRO DOCKET NO.: EJ 510133-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 4, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 26, 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 October 3, 1990, 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 19, 1990, the owner asserted in
substance that it arranged in four instances various dates with the
tenant to allow access for repairs, but the tenant was not
cooperative at all. The owner provided no proof of notices
specifying scheduled dates to repair, certified mail, return receipt
requested.
On February 13, 1991, both owner and tenant were informed of an
inspection of the subject housing accommodation to be held on March
7, 1991.
Thereafter on March 7, 1991, an inspection of the subject housing
condition was conducted by a DHCR inspector who confirmed the
existence of defective conditions. The inspector reported that the
owner did not appear for the inspection or was not prepared to
commence repair.
On March 26, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner states in substance that despite having
been informed of various repairs dates, the tenant refused access.
Docket Number: FD-510079-RO
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record clearly shows that on February 13, 1991, both owner and
tenant were informed of an inspection of the subject housing
accommodation to be held on March 7, 1991. The owner was also
informed of Policy Statement 90-5 "Arranging Repairs/ No Access
Inspections" which detailed procedures to be followed when tenant
refuses access, but the owner failed to follow said procedures. The
owner provided no proof of notices specifying scheduled dates to
repair; certified mail, return receipt requested. The owner also
did not appear for the inspection or was not prepared for the
inspection to commence repair. Lastly, inspection on March 7, 1991
showed diminutions of service, accordingly warranting rent
reduction.
This Order and Opinion is issued without prejudice to the owner's
right to file an application for restoration of services.
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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