Docket Number: FH 210031-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.: FH 210031-RO
DISTRICT RENT ADMINISTRATOR'S
KEITH OUTRAM, DOCKET NO.: FB 210131-S
SUBJECT PREMISES:
588 Park Place, Apt. No. 1A
PETITIONER Brooklyn, NY 11225
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 5, 1990, the above-named owner filed a timely petition
for administrative review of an order issued on July 1, 1991,
concerning t e 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.
This proceeding was commenced on February 6, 1991, when the tenant
filed a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
Although notified to do so on February 22, 1991, the owner failed
to respond to the tenant's complaint.
Thereafter on June 11, 1991, the subject apartment was inspected
by D.H.C.R. which confirmed the existence of defective conditions.
Based on said inspection, the Administrator directed on July 1,
1991 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner contends in substance that the
tenant's complaint about decreased services is to obfuscate the
tenant's own non-payment of rent; and that "this tenant never
provides access and purposely so," as indicated by the dismissal
of the tenant's heat/hot water complaint.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's contention that the tenant refused access was not
raised in the proceeding below and before the issuance of the
Administrator's order. This defense was raised on y as a self-
serving, unsubstantiated assertion for the first time on appeal.
In addition, the owner's unproven allegation that the tenant's
heat/hot water complaint was dismissed due to tenant refusing
Docket Number: FH 210031-RO
access is irrelevant to the case at hand. Furthermore, the issue
of the tenant's non-payment does not negate the inspection
disclosing decreased services, warranting rent reduction.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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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