ADM. REVIEW DOCKET NO.: FL 210101 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.:
FL 210101 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.: EE 210237 S
A & S Realty Co., PREMISES: 70 Prospect Park
Southwest, Apt.
B6, Brooklyn,
N.Y.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation relating to the above described docket number.
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 tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
In its answer dated June 11, 1990 the owner stated, inter
alia,
With regard to repairs for which landlord
needs access to tenant's apartment, tenant
has denied such access. Attached find
copies of two letters dated May 25, 1990
and May 29, 1990 (sent regular mail and
certified mail, respectively) by which
landlord scheduled a date for making the
requested repairs.
Notwithstanding tenant's initial denial
of access to the apartment, tenant has
since given access for repairs and
requested repair work is complete, and
tenant has signed a statement to that
effect.
On October 29, 1991 an inspection of the subject apartment
ADM. REVIEW DOCKET NO.: FL 210101 RO
was conducted by a D.H.C.R. inspector who confirmed the existence
of defective conditions.
The Rent Administrator directed restoration of these
services and further ordered, a reduction of the stabilization
rent.
In its petition for administrative review, the owner states,
in substance, that repairs have been performed and that the
tenant did not grant access for repairs until six months after it
was requested. Attached to the petition are photocopies of
letters to the tenant requesting access on June 7, 1990 (the
letters are dated May 25 and 29, 1990), and the tenant's
signature on the Rent Administrator's order under the statement
"Completed 12/4."
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
The Commissioner notes that although the owner alleges in
its petition that the tenant denied access for six months after
access was requested by mail, the owner stated in its June 11,
1990 answer that the tenant had already given access for repairs
and that the repair work was complete. Moreover, the inspection
took place on October 29, 1991, seventeen months after access was
requested and defective conditions were still found to exist.
The owner's petition does not make clear whether it is the
owner's contention that repairs had been made before the
apartment was inspected or the order was issued or whether the
contention is that repairs were made following the issuance of
the Rent Administrator's order. If it is the former, then the
owner's allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's
order reducing the rent was nevertheless correct when issued, and
this order is issued without prejudice to the owner filing a
restoration of services application.
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 Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO.: FL 210101 RO
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