Docket Number: FH 410081-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 410081-RO
KINGSWOOD MANAGEMENT CORP./ DISTRICT RENT ADMINISTRATOR'S
JONATHAN LEVIN, DOCKET NO.: CK 410739-S
225 East 57th St., Apt. No. 17E
PETITIONER New York, NY 10022
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 6, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 3, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
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 November 10, 1989 by the
tenant filing a complaint asserting that the owner failed to
maintain certain services in the subject apartment.
In its answer filed on January 18, 1989, the owner denied as
service reductions the allegations set forth in the tenant's
Thereafter on June 7, 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 3,
1991 restoration of these services and further ordered a reduction
of the stabilized rent.
In this petition, the owner states in substance that it was not
notified of the inspection report and thus not afforded the
opportunity to repair these defective conditions prior to the
issuance of the Administrator's order. The petitioner cit s ARL-
60350-Q wherein a proceeding was remanded to the Administrator on
the basis that an inspection request and report was not served on
the owner prior to the issuance of the Administrator's order to
provide the owner with an opportunity to comment on the inspection
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Docket Number: FH 410081-RO
The tenant's complaint is sufficient notice to the owner of
alleged defective conditions. The owner was made aware of the
defective conditions since the record established that the owner
by its attorney in the proceeding below did answer the tenant's
Administrative policy and precedent do not require that an owner
in this type of case involving decreased services within an
individual apartment be given a copy of the inspection results,
and the Courts have upheld this procedure (Empress Manor
Apartments v. NYSDHCR, 538 N.Y.S.2d 49, 147 A.D. 2d 642, February
21, 1989). The Commissioner notes that the Administrative review
opinion referred to by petitioner concerning a rent control
apartment was issued shortly after the Division's takeover of the
duties of the Rent Commissioner, more than five years ago. It is
not and has not been the Division's practice. In this regard,
the Commissioner notes that an inspection report is the work
product of a DHCR staff member who conducts an on-site inspection
to determine questions of fact which arise after joinder of issue
in a proceeding alleging decreased services. The inspector's work
product is an impartial report or finding, and is not a pleading
or a probative submission by a party to a proceeding which if not
served for response would be a fatal defect in denying due
Moreover, the owner had nineteen months from service of the
tenant's complaint until the issuance of the Administrator's order
to investigate the tenant's complaint and to make necessary
repairs, but the owner failed to do so.
Accordingly, the owner was not denied due process and the
Administrator's order based on the inspection was correct.
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 is, affirmed.