Docket Number: FB-110114-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. FB 110114-RO
:
POMONOK CREST APARTMENTS, DISTRICT RENT ADMIN.
DOCKET NO. ZEE 110620-S
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 13, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on January 9, 1991
concerning t e 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 24, 1990, 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, filed on June 19, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs will be completed. On August 10,
1990, the owner further answered that all repairs except for the
paint order had been performed. In its August 10, 1990 answer, the
owner stated that the tenant had just been "notified to arrange an
appointment with our painter at tenant's convenience at which time
any plastering required will be done."
Thereafter on December 18, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed that
"the bathroom ceiling above the bathtub is blistered due to past
leak and that the living room ceiling is bubbled and cracked in
various areas."
On January 9, 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 repairs were eventually performed on January 26,
1991 after the issuance of the Administrator's order. The reason
for the delay is that the tenant refused access.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Docket Number: FB-110114-RO
The record clearly shows that the owner admitted 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 is issued without prejudice to the owner filing an
application for restoration of services.
As to the owner's allegation of tenant refusing access, the
Commissioner finds the record insufficient to substantiate the
owner's claim of denied access. According to the owner, the tenant
should have contacted repair people for a scheduled appointment at
the tenant's convenience but the tenant failed to do so. Because
these allegations are general in nature and do not specify that the
owner requests access on a particular date and that no notice was
sent by a certified mail, return receipt requested, the Commissioner
finds this allegation without merit.
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 affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
