Docket Number: FD-620164-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 620164-RO
:
187 CONCOURSE ASSOCIATES
c/o STARK MANAGEMENT CO. INC., : DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EK 620130-S
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 9, 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 adminstrative appeal is being determined pursuant to the
provisions of 2202.16 of the Rent and Eviction Regulations.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On November 7, 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 December 11, 1990, the owner asserted that I
"have ordered out all repairs to be done."
Thereafter on February 27, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
After the inspection, the owner was informed on July 30, 1990 by
DHCR of the inspection report and to correct the defective
conditions.
On April 2, 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 the tenant
refused access for repairs.
The owner's allegation of tenant refusing access is without merit.
The owner never asserted this defense in the proceeding below. The
owner only raised this defense as a self-serving and unproven
assertion on appeal.
Docket Number: FD-620164-RO
Accordingly, the Commissioner finds that the Administrator properly
based its determination on the entire record, including the results
of the on-site physical inspection conducted on February 27, 1991
and that pursuant to Section 2523.4(a) of the Code, the owner had
failed to maintain services, 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
|