Adm. Review Docket Number: FD 510227-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 510227-RO
:
BENTIN REALTY CORP., DRO DOCKET NO.: EH 510740-S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 23, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 12, 1991
concerning t e 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 August 28, 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 26, 1990, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required repairs had been or will be completed.
The owner further alleged that the tenant refused access and is not
a rent-stabilized tenant.
Thereafter on March 20, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Rent Administrator directed restoration of these services on
April 12, 1991 and further ordered a reduction of the stabilization
rent.
In its petition for administrative review, the owner repeats in
substance its allegations below, that services are being maintained;
that the tenant may not be a rent-stabilized tenant; and that the
tenant refused access.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The owner provided no proof in this petition or in its answer below
that the tenant in question is not rent-stabilized. The owner also
failed to prove pursuant to Policy Statement 90-5 "Arranging
Repairs/No Access Inspections" that tenant refused access.
The owner's petition does not make clear whether it is the owner's
contention that repairs had been made before the apartment was
Adm. Review Docket Number: FD 510227-RO
inspected or before 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.
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
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