Docket Number: FH 610007-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 610007-RO
DISTRICT RENT ADMINISTRATOR'S
206 MANAGEMENT CORP./STEVE IWANOW, DOCKET NO.: EK 610493-S
SUBJECT PREMISES:
PETITIONER 315 E. 206 St., Apt. No. 6-FW
----------------------------------X Bronx, NY 10467
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 5, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on July 17, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
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
issues raised by the petition.
This proceeding was commenced on November 6, 1990 by the tenant
filing a complaint that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on December 26, 1990, the owner denied the
allegations set forth in the tenant's complaint and otherwise
asserted that the tenant refused access.
On March 11, 1991, DHCR informed the parties concerned of Policy
Statement 90-5 "Arranging Repairs/No Access Inspection." The owner
did not submit to DHCR documentation that it followed the proper
procedures of certified mailing, return receipt etc. according to
said Policy Statement.
Thereafter, both the owner and the tenant were put on notice of a
No Access inspection scheduled on June 10, 1991. The subject
apartment was inspected on said date by D.H.C.R. which confirmed
the existence of defective conditions.
The Administrator directed on July 17, 1991 restoration of these
services and noted that the tenant did not request a rent
reduction.
In this petition, the owner contends in substance that "the tenant
is not permitting my employees to work in the apartment."
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Docket Number: FH 610007-RO
The record shows that in accordance with Policy Statement 90-5, the
owner failed to prove tenant's refusal of access. The owner
submitted no certified mailings and return receipts to schedule
repairs in the proceedings below and in this petition. Based on
the evidence in record, it also appears that despite being put on
notice of the June 10, 1991 inspection, the owner and/or its
workers were not present to perform any repairs at the time.
Accordingly, the owner offered insufficient reason to disturb the
Administrator's order which is based on the inspection disclosing
decreased services.
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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