Docket Number: FF 220243-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.: FF 220243-RO
:
DISTRICT RENT ADMINISTRATOR'S
SAM KOSLOWSKI, : DOCKET NO.: EL 220382-S
: SUBJECT PREMISES:
2402 63rd St., Apt. #C-8,
PETITIONER : Brooklyn, NY 11204
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 25, 1991, the above-named owner filed a petition for
administrative review of an order issued on June 12, 1991, concern
ing 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 petition.
The original proceeding was commenced on December 21, 1990 by the
tenant filing a complaint asserting that the owner had failed to
maintain certain services in the subject apartment.
In its answer filed on January 23, 1991, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that "the building is well kept and any repairs are taken
care (of) ... immediately."
Thereafter on May 20, 1991, the subject apartment was inspected by
D.H.C.R. which confirmed the existence of defective conditions.
The Administrator directed on June 12, 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.
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 in
the proceeding below and before the issuance of the Administrator's
order. The owner raised this self-serving, unsubstantiated defense
only for the first time on appeal and thus failed to follow Policy
Statement 90-5 "Arranging Repairs/No Access Inspections."
Accordingly, the Administrator's order based on the inspection
finding decreased services was correct when issued.
Docket Number: FF 220243-RO
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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