Docket Number: FD-210027-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 210027-RO
280 REALTY CO./MARTIN KIRZNER, DRO DOCKET NO.: EG 210495-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 5, 1991, the above-named owner filed a Petition for
Administrative Review of an order issued on March 7, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
On July 20, 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 September 4, 1990, the owner alleged in
substance that repairs were commenced on August 30, 1990 and
"completed within one week from then."
Thereafter on September 21, 1990 and February 3, 1991, an inspection
of the subject apartment was conducted by a DHCR inspector who
confirmed the existence of defective conditions.
On March 7, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
In this petition, the owner contends in substance that the tenant
had denied access and that all repairs were made on February 20,
In reply, the tenant alleges that she informed the owner that her
keys are available with the tenant upstairs; and that she therefore
had not refused access. The tenant also contends the repairs were
completed only on April 3, 1991, after the issuance of the order.
The Commissioner is of the opinion that the petition should be
The record clearly shows that on September 21, 1990 and February 3,
1991, inspection objectively disclosed that the complained-of
conditions existed. Accordingly, the Administrator correctly found
that the rent reduction is warranted.
Docket Number: FD-210027-RO
As to the issue of tenant refusing access, the Commissioner finds
this allegation belied by the petitioner-owner's answer in the
proceeding below. Prior to the issuance of the order appealed from,
the owner never asserted this defense of denied access. The owner
first raised this defense only as a self-serving and unproven
assertion on appeal. In addition, the tenant alleged informing the
owner that her keys are with the tenant upstairs, such allegation
not denied by the owner.
The Commissioner also finds the owner's allegations of repairs vague
and contradictory. In its answer below, the owner stated that
repairs will be "completed within one week" of August 30, 1990. In
this petition, the owner alleged that all repairs were made on
February 20, 1990. But the tenant's reply to the petition stated
that all repairs were completed only "as of April 3, 1991."
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.