Docket Number: FB-110113-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FB 110113 RO
POMONOK CREST APARTMENTS, DISTRICT RENT ADMIN.
DOCKET NO.: ZEE 110619 S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 11, 1991, the above-named owner filed a petition for
administrative review of an order issued on January 11, 1991 concerning
the housing accommodations 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.
On April 17, 1990, the tenant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain services
in the subject apartment.
On June 16, 1990, the owner answered the tenant's complaint that all
required repairs will be completed. On August 9, 1990, the owner alleged
that "all of the tenant's complaints have been satisfied."
Thereafter on December 18, 1990, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed that the hot water and
cold water pressure in the bathroom shower and the faucets is inadequate.
On January 11, 1991, 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 on January 23, 1991 after the issuance of the Administrator's order,
repairs had been performed; and that repairs have been delayed because the
tenant refused access.
After careful consideration, the Commissioner is of the opinion that the
petition should be denied.
The record clearly shows that the petitioner-owner admits that repairs
were made following the issuance of the Administrator's order. Then the
Administrator's order reducing the rent was correct when issued, and this
Order and Opinion is issued without prejudice to the owner filing an
application for restoration of services.
As to the owner's allegation of tenant delaying repairs by refusing
access, the Commissioner finds this allegation belied by the record
wherein the owner requested the tenant to contact repair people.
Thereafter and prior to the issuance of the Administrator's order, the
owner never asserted this defense but only rais d it first as a self-
Docket Number: FB-110113-RO
serving and unproven assertion on appeal.
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,