Docket No.: FE 610128-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 610128-RO
WILLIAM SKOBAC, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DJ 610112-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 12, 1991, 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.
This proceeding was commenced on October 13, 1989 when the tenant
filed a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In its answer filed on November 10, 1989, the owner asserted that
there were difficulties in having access for repairs; that some
required repairs had been made; and that all other repairs will be
completed when the tenant allows access.
Thereafter on January 14, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
The Administrator directed on February 12, 1991 restoration of these
services and further ordered a reduction of the stabilized rent.
In this petition, the owner states in substance that repairs had
been "completed to (tenant's) satisfaction" on November 14, 1989;
and that delays in repairs were due to tenant's refusal of access.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The owner's contention that repairs were made before the inspection
and the order was issued is belied by the report of the agency
As to the allegation that the tenant refused access, the owner
failed to prove scheduled appointments, certified mailing, return
Docket No.: FE 610128-RO
receipts and other evidentiary requirements pursuant to Policy
Statement 90-5 "Arranging Repairs/No Access Inspection."
This Order and Opinion is issued without prejudice to the owner
filing an application for restoration of services, if the facts so
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