Docket Number: FB-210277-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 210277-RO
:
MONARCH PROPERTIES, DRO DOCKET NO.: ZEJ 210289-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 27, 1991, the above-named owner filed a petition for
administrative review of an order issued on February 5, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
On October 3, 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 October 26, 1990, the owner alleged that the
"tenant is intentionally trying to obtain a rent reduction by
refusing access...."
On January 7, 1991, DHCR requested the owner for additional
information concerning the tenant's alleged refusal of access
pursuant to Policy Statement 90-5 "Arranging Repairs, No Access
Inspections."
The owner failed to respond to said request.
Thereafter on January 18, 1991, an inspection of the subject
apartment was conducted by a DHCR inspector, who confirmed the
existence of defective conditions.
On February 5, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner alleges that the Administrator ignored
its contention that the tenant refused access; and that a certified
mail letter dated February 19, 1991 requesting access was mailed to
the tenant.
The Commissioner is of the opinion that this petition should be
denied.
Firstly, the record shows that on January 7, 1991, DHCR requested
the owner for additional information concerning the tenant's alleged
refusal of access pursuant to Policy Statement 90-5 "Arranging
Docket Number: FB-210277-RO
Repairs, No Access Inspections." The owner failed to respond to
said request in the proceeding.
Secondly, the owner submitted only in this petition some evidence of
certified mailing, which is not only a belated attempt to comply
with Policy Statement 90-5 "Arranging Repairs, No Access
Inspections" but insufficient compliance with the requirements of
said Policy-Statement.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and that the order of the Rent Administrator
be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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