FH 110335 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.: FH 110335 RO
JONATHAN LEVIN DISTRICT RENT ADMINISTRATOR'S
c/o KINGSWOOD MGMT. CORP., DOCKET NO.: DJ 110467-S
111-27 66th Avenue, Apt. No. 2C
Forest Hills, NY 11375
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on July 29, 1991, 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 petition.
The tenant commenced this proceeding on October 26, 1989 by filing
a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
The tenant submitted photographs of her damaged apartment and
copies of her letters to the owner prior to filing of the
complaint. The owner apparently had not acknowledged same.
In its answer filed on January 29, 1990, the owner asserted in
substance that "(a)ny items requiring repair will be rectified as
soon as possible."
Thereafter on July 10, 1991, the subject apartment was inspected
by DHCR which confirmed that the "living room wall around the
windows is stained, cracked and peeling paint and plaster."
The Administrator directed on July 29, 1991 restoration of these
services and reduction of the stabilized rent.
In this petition, the owner contends in substance that by virtue
of Manchester Realty Co., (Administrative Review Dock t No. ARL-
06035-Q), the Administrator's order should be revoked because the
owner was not notified of the inspection results.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner's legal argument in the petition has never been DHCR
policy and precedent. The owner is not denied due process of law
by DHCR's failure to forward copies of inspection reports prior to
FH 110335 RO
making its determination that the owner has engaged in decrease of
services. The tenant's complaint is sufficient notice. As set
forth above, the owner was fully informed of the defective
conditions by the tenant's complaint and chose not to diligently
contest them, and inspection reports merely confirmed some
allegations in the complaint (Matter of Empress Manor Apartments
v. N.Y.S. DHCR, 147 A.D. 2d 642, 538 N.Y.S.2d 49).
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA