Docket Number: FD-210109-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.: FD 210109-RO
:
JOHN SICA, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EC 210500-S
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 29, 1991, concerning the
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 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 March 23, 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 April 27, 1990, the owner asserted that the
tenant refused access for repairs.
Thereafter on August 16, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
On October 1, 1990, DHCR mailed the owner the procedures enunciated
in Policy Statement 90-5 "Arranging Repairs/No Access Inspections.
On January 9, 1991, the tenant wrote DHCR that the defective
conditions found in the inspection have not yet been removed.
On January 29, 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 repairs had
been performed but the tenant breaks what was repaired and refuses
access for further repairs.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied
Docket Number: FD-210109-RO
As to repairs being made, the owner's petition does not make clear
whether it is the owner's contention that repairs had been made
before the apartment was inspected or the order was issued, or
whether the contention is that repairs were made following the
issuance of the Rent Administrator's order. If it is the former,
then the owner's allegation is belied by the report of the agency
inspector. If it is the latter, then the Rent Administrator's order
reducing the rent was nevertheless correct when issued, and this
order is issued without prejudice to the owner filing an application
for restoration of services.
The owner also provided no proof that the tenant breaks repairs and
refuses access. Although the owner was informed of the procedures
enunciated in Policy Statement 90-5 "Arranging Repairs/No Access
Inspections," the owner failed to pursue the same to prove its case.
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
|
