Docket Number: FE 120221-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.: FE 120221-RO
HERBERT HOFFMAN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EI 120502-S
SUBJECT PREMISES:
PETITIONER 5300 65th Place, Apt. 4H
----------------------------------X Maspeth, NY 11378
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 20, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 11, 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 September 19, 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 November 29, 1990, the owner asserted that
the tenant by its negligence caused the defective conditions and
that the tenant refused access for repairs.
On December 5, 1990, the owner was informed of Policy Statement
90-5 "Arranging Repairs/No Access Inspection" and requested to
follow the proper procedures to repair in a situation, as this
case, of no access.
On January 8, 1991, the owner informed the agency that "(a)ll the
necessary work has been completed."
Thereafter on April 2, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
The Administrator directed on April 11, 1991 restoration of these
services and further ordered a reduction of the legal regulated
rent.
In this petition, the owner states in substance that repairs had
been performed, and that "the tenant had repeatedly refused
access."
Although the owner contends that repairs were effectuated prior to
the issuance of the Administrator's order, the Commissioner notes
Docket Number: FE 120221-RO
that the owner submitted no evidence to substantiate the contention
either while the proceeding was pending before the Administrator or
by attachment to its petition.
The owner's contention of tenant refusing access is also without
merit. The owner failed in its burden of proof pursuant to Policy
Statement 90-5 "Arranging Repairs/No Access Inspections."
Accordingly, based on a preponderance of the evidence, the owner
has offered insufficient reason to disturb the Administrator's
order, which is based on an inspection disclosing defective
conditions.
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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