Docket Number: FE 510135-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.: FE 510135-RO
JERWIN PROPERTIES CO./ DISTRICT RENT ADMINISTRATOR'S
WINNIFRED DOZIER, : DOCKET NO.: EH 510003-S
PETITIONERS : SUBJECT PREMISES:
------------------------------------X 337 West 138th St., Apt. No. 3L,
New York, New York 10030
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on October 30, 1990, concerning the
housing accommodations relating to the above-described docket
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
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 August 1, 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 August 24, 1990, the owner asserted that all
required repairs had been or will be completed; and that the tenant
was refusing access to the owner to complete repairs.
Thereafter on September 21, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On October 30, 1991, the Administrator directed restoration of
these services and further ordered a reduction of the stabilization
In this petition, the owner states in substance that repairs were
not completed because the tenant refused access.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Although the owner contends that the tenant refused access, the
owner provided no proof in this petition or below that the owner
followed proper procedures in this case pursuant to Policy Statement
90-5 "Arranging Repairs/No Access Inspection," i.e. sufficient
notices for scheduled appointments, certified mail, return receipt,
immediate capability to repair during inspection, etc. The owner
Docket Number: FE 510135-RO
did not properly notify the tenant of scheduled appointments to
repair. The owner also failed to appear during the inspection.
The Commissioner therefore finds that the owner offered no reason to
disturb the Administrator's order based on an inspection disclosing
the existence of defective conditions, warranting rent reduction.
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