Adm. Review Docket No.: FD 410208-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.: FD 410208-RO
:
JANOFF AND OLSHAN, INC., DRO DOCKET NOS.:
EK 410204-OR/DC 410572-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 19, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 5, 1991 concerning
the housing accommodations relating to the above-described docket
number.
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 November 19, 1990, the owner filed an application to restore rent
based on the restoration of services. The owner also alleged that
"Although we sent a contractor to paint and plaster the apartment,
tenant refuses to allow the painting and plastering of the
bathroom."
The tenant opposed this application on December 18, 1990 by denying
the allegations set forth in the owner's application or otherwise
asserting that required services had not been restored and that it
has always provided access for repairs.
On March 6, 1991, the parties were informed of a scheduled no-access
inspection.
Thereafter on March 14, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed that services
have not been restored. Though duly notified to do so, the owner
failed to appear at this no-access inspection.
On April 5, 1991, the Administrator issued an order, based on said
inspection, denying the owner's request for rent restoration and
continuing the rent reduction in effect.
In this petition, the owner states in substance, that the tenant
refused access.
The Commissioner is of the opinion that this petition should be
denied.
Adm. Review Docket No.: FD 410208-RO
The owner failed to prove that tenant refused access. In its
application below, the owner alleged that "tenant refuses to allow
the painting and plastering of the bathroom." However, the
inspection found that the bathroom was repaired but that many other
services were not restored. Consequently, the record clearly shows
that the tenant allowed access for repairs and that the owner
contradicted itself.
In addition, the owner failed to comply with Policy Statement 90-5
"Arranging Repairs/No Access Inspections" to prove its case that
tenant refused access. The owner also, though duly notified to do
so, failed to be present at the no-access inspection conducted on
March 14, 1991, which found that services were not restored.
THEREFORE, in accordance with 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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