Docket Number: FE 220003-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.: FE 220003-RO
:
ALEX STERN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DK 220540-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 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 November 16, 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 various answers filed on January 4, 1990, June 29, 1990 and
January 10, 1991, the owner denied the allegations set forth in the
tenant's complaint or otherwise asserted that all required repairs
had been or would be completed.
Thereafter on March 11, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Rent Administrator directed on March 26, 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 repairs have been performed and that the tenant
refused access.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner alleges that the tenant refused access, the
Commissioner notes that the owner submitted no evidence to
substantiate this contention pursuant to Policy Statement 90-5
Docket Number: FE 220003-RO
"Arranging Repairs/No Access Inspections" while the proceeding was
pending before the Administrator or by attachment to its petition.
The owner's petition also does not make clear whether it is the
owner's contention that repairs had been made before the apartment
was inspected or before the order was issued, or whether the
contention is that repairs were made following the issuance of the
Rent Administrator's order. If it is the former, then the owner's
allegation is belied by the report of the agency inspector. If it
is the latter, then the Rent Administrator's order reducing the rent
was nevertheless correct when issued, and this order is issued
without prejudice to the owner filing 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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