Docket Number: FB-210079-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.: FB 210079-RO
:
WILLIAM SIMO, DRO DOCKET NO.: ZEJ 210120-S
PETITIONER :
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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 16, 1991
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether there was a decrease in services,
warranting a reduction of the legal regulated rent.
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 administrative appeal.
On October 2, 1990, the tenant commenced this proceeding by a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
Although duly notified on October 11, 1990 to do so, the owner
failed to respond to the tenant's complaint.
Thereafter on December 26, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On January 16, 1991 the Administrator directed restoration of these
services and further ordered a reduction of the stabilization
rent.
In this petition, the owner states in substance that the tenant
refused access to repairs.
The Commissioner is of the opinion that this petition should be
denied.
The record clearly shows that an inspection of the subject apartment
on December 26, 1990 found the defective conditions in question.
Accordingly, the Administrator properly determined diminutions of
Docket Number: FB-210079-RO
service, warranting a rent reduction.
The Commissioner notes that the petitioner-owner provided no
evidence in this petition to substantiate its claim of denied
access. The Commissioner further notes that prior to the issuance
of the Administrator's order, the owner never asserted this defense
but only raised it as a self-serving and unproven assertion on
appeal.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that the owner's 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
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