Docket Number: FE 410269-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 410269-RO
WEST 15 STREET ASSOCIATES/ DISTRICT RENT ADMINISTRATOR'S
LOUIS J. DEVITO, DOCKET NO.: ED 410256-S
SUBJECT PREMISES:
360 West 15 St., Apt. No.503
PETITIONER New York, NY 10011
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 24, 1991, the above-named owner filed a Petition for
Administrative Review against an order issued on April 22, 1991,
by the Rent Administrator, Gertz Plaza, 92-31 Union Hall Street,
Jamaica, New York, concerning the 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 administrative appeal.
The original proceeding was commenced on April 21, 1990, by the
tenant filing a complaint because the owner failed to maintain
certain services in the subject apartment.
In its answer filed on May 18, 1990, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that repairs had been performed and will be completed.
Thereafter on May 24, 1990, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
In a follow-up statement filed on June 26, 1990, the tenant
asserted that it is not aware yet of any scheduled repairs of its
apartment by the owner and the tenant submitted photos of present
disrepair in its apartment.
Although informed on November 29, 1990 by the tenant's request for
scheduled repairs, the owner failed to schedule any repairs.
On March 22, 1991, the subject apartment was again inspected by
DHCR which found evidence of defective conditions.
The Administrator directed on April 22, 1991 restoration of these
services and further ordered a reduction of the legal regulated
rent.
In this petition, the owner contends in substance that the tenant
refused access.
Docket Number: FE 410269-RO
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner failed to raise the defense of tenant refusing access
and follow the proper procedures of Policy Statement 90-5
"Arranging Repairs/No Access Inspections" (certified mailing,
return receipt) in the proceeding below and prior to the issuance
of the Administrator's order. The owner only raised this defense
as a self-serving and unsubstantiated assertion for the first time
on appeal.
In addition, the tenant denied that it refused access and
otherwise asserted that it was ready to schedule repairs with the
owner.
Moreover, the owner had twelve months from service of the tenant's
complaint to issuance of the Administrator's order to investigate
the tenant's complaint and to make necessary repairs, but the
owner failed to do so.
Accordingly, the Administrator's order based on the inspection
disclosing decreased services was correct when issued.
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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