ADM. REVIEW DOCKET NO.: FI 410269 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.:
FI 410269 RO
:
DISTRICT
RENT ADMINISTRATOR'S
DOCKET NO.:
FC 410174 OR
TOASA CORP. N.V.
BY MILLIE SANABIA, SUBJECT PREMISES:
REGISTERED MANAGING AGENT 264 Sixth Ave.,
PETITIONER : Apt. No. 26
------------------------------------X New York, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for
administrative review of an order issued on September 4, 1991,
concerning the housing accommodations relating to the above-
described docket number, wherein the Administrator denied the
owner's application to restore rent that had been reduced in a
prior proceeding (DB 410472 S).
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
The owner commenced this proceeding on March 15, 1991 by
filing an application to restore rent based on the restoration of
services and the tenant's consent to same. The relevant
submissions of the owner are a copy of a March 8, 1991 letter of
the Compliance Division to the tenant stating that no response has
been received from the tenant despite a 20-day notice and that the
owner is thus advised to apply for rent restoration; a Marshal's
Legal Possession Notice dated January 10, 1990; a "Stipulation of
Compliance" signed on June 6, 1989 by the tenant and the owner
indicating repair of the specific defective conditions; and a
certified mailing to the Division, with return receipt, of this
stipulation.
A copy of the owner's application was mailed on April 1, 1991
to the tenant or current occupant.
ADM. REVIEW DOCKET NO.: FI 410269 RO
A physical inspection of the subject apartment was attempted
(on July 2, 1991) by a Division staff member who reported that the
new tenant answered through the intercom that the complaining
tenant moved out from the apartment and that the present tenant
refuses to give access.
A second appointment for July 15, 1991 was mailed to the owner
and the tenant, who both failed to show up at the scheduled
inspection.
Based on the failure of the owner and the tenant to appear at
the inspection, the Administrator denied the owner's application
for rent restoration.
In this petition, the owner contends in substance that the
owner and the tenant had entered into a stipulation on June 6, 1989
acknowledging that repairs were done; and that the tenant was
lawfully evicted by a Civil Court judgment dated November 20, 1989
for failure to pay rent and the owner was given legal possession of
the premises pursuant to a Marshal's Notice dated January 10, 1990.
The owner resubmitted copies of relevant documentation made in the
proceeding below.
The Commissioner notes that the current tenant does not
dispute the owner's petition.
After careful consideration, the Commissioner is of the
opinion that this petition should be granted and the
Administrator's order revoked.
A review of the record reveals that the complaining tenant
stipulated that the necessary repairs were completed. There is
also adequate evidence in the record that the complainant has
vacated and that the current occupant does not wish to admit the
inspector. In such circumstances, the owner should not be
penalized for the lack of cooperation by the present tenant who did
not initiate the complaint. Nor is the owner required to arrange
for the inspector to have access to the apartment before the rent
restoration application may be granted. The owner herein is
entitled to restoration of the rent effective the first rent
payment after service of the application on the tenant or
occupants.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
granted, and the owner's rent restoration application be, and the
ADM. REVIEW DOCKET NO.: FI 410269 RO
same hereby is, granted effective May 1, 1991.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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