Docket Number: FD-110033-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.: FD 110033-RO
A. and S. HOSEIN, DISTRICT RENT ADMIN.
DOCKET NOS.: EF 110200-OR
PETITIONER : DF 110239-OR
------------------------------------X CA 110020-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review of an order issued on December 28, 1990, concerning the
housing accommodations relating to the above-described docket
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 June 29, 1989, the owner filed an application to restore rent
based on the restoration of services for which a rent reduction
order was issued under the above-described docket number.
This Order and Opinion consolidated rent restoration applications
under Docket Nos. EF-110200-OR and DF-110239-OR because they involve
common issues of law and fact.
Thereafter on March 7, 1990, October 1, 1990 and December 13, 1990,
an inspection of the subject apartment was conducted by a DHCR
inspector who confirmed that services were not restored.
On December 28, 1990, the Administrator issued an order under the
above-described docket number based on said inspection, finding that
services were not restored, denying the owner's application and
continuing the rent reduction in effect.
In this petition, the owner contends in substance that on November
29, 1990, prior to the issuance of the order, the owner attempted to
complete repairs but the tenant refused access. Another appointment
on January 29, 1991 was scheduled, but again the tenant refused
The Commissioner is of the opinion that this petition should be
Although the owner asserts in this petition tenant refusing access,
the record clearly shows that the owner failed to assert such
defense in the proceeding below. The owner first raised this
defense only as a self-serving and unproven assertion on appeal. In
addition, the owner provided insufficient evidence to show that it
complied with Policy Statement (90-5) "Arranging Repairs, No Access
Docket Number: FD-110033-RO
Because inspection disclosed defective conditions and the owner
failed to prove tenant refusing access pursuant to Policy Statement
(90-5), the Administrator's order reducing the rent is warranted.
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.