Docket Number: FA 110348-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FA 110348-RO
DISTRICT RENT ADMINISTRATOR'S
SUMMIT HOUSE ASSOC./ DOCKET NO.: DH 110243-S
LEON DREW, :
PETITIONER : 87-10 51st Ave., Apt No.3P,
------------------------------------X Elmhurst, NY 11373
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 28, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on December 21, 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
issue raised by the petition.
On August 8, 1989, the tenant commenced this proceeding by filing a
complaint asserting that "the terrace door needs replacement...";
that the "terrace ceiling (is) peeling, needs scraping, cement work
and re-painting..."; that the owner removed the broken kitchen stove
timer for replacement but failed to replace it for months; and that
the "kitchen cabinets have rotted wooden doors which are falling off
at the hinges."
In its answer filed on September 25, 1989, the owner asserted in
substance that required repairs had been performed (including the
replacement of the stove over timer) and will be completed.
Thereafter on June 26, 1990, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
The Administrator directed on December 10, 1990 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner contends that the tenant refused access,
but the repairs had been performed; and that the tenant also refused
the "free standing oven timer" bought and delivered by owner.
In reply, the tenant denied the allegations set forth in the owner's
petition and otherwise asserted that it was the owner who failed to
show up at the scheduled appointment for repairs; that the tenant is
willing to help the owner find a comparable kitchen stove with
timer, not the lesser quality and smaller "free standing oven timer"
substituted by the owner.
Docket Number: FA 110348-RO
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
It is noted that the owner failed to raise the defense of tenant
refusing access in the proceeding below and before the issuance of
the order but only alleged this self-serving, unproven and disputed
assertion for the first time on appeal.
As to the issue of a comparable replacement of the kitchen stove
with timer, the tenant's assertion that the owner substituted its
defective oven with that of a lesser quality and size is undisputed
by the owner.
The owner's petition furthermore does not make clear whether the
owner contends that repairs on the remaining defective conditions
had been made before the apartment was inspected or the order was
issued, or whether the owner contends 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 Administrator's
order was nevertheless correct when issued.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby