FL 210102 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
A & S REALTY COMPANY, DOCKET NO.:
70 Prospect Park Southwest
PETITIONER Apt. B-3, Brooklyn, NY
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 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.
FL 210102 RO
On October 29, 1991, an inspection of the subject apartment was
conducted by a DHCR inspector who confirmed the existence of
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, that
repairs have been performed and that the tenant initially denied
access to the apartment. Attached to the petition are photo-
copies 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,
"was repaired". The date next to the signature is "12/3/91".
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 initially denied acce s to the apart-
ment, 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 the owner was served
with the tenant's complaint, and defective conditions were still
found to exist.
The owner's petition and the dated statement of repair by the
tenant make it clear that it is the owner's contention that
repairs were made following the issuance of the Rent Adminis-
trator's order. Accordingly the Commissioner finds that the Rent
Administrator's order reducing the rent was 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
JOSEPH A. D'AGOSTA
FL 210102 RO
Acting Deputy Commissioner