ADM. REVIEW DOCKET NO.: FL 210103 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 210103 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.: EE 210273 S
A & S REALTY CO.,
PREMISES: 70 Prospect Park
Southwest, Apt.
C7, 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
was conducted by a D.H.C.R. inspector who confirmed the existence
of defective conditions.
ADM. REVIEW DOCKET NO.: FL 210103 RO
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 initially denied access to the apartment. 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 tenants signature on the Rent Administrator's
order under the statement, "work completed."
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 access to the
apartment, 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 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 210103 RO
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