Adm. Rev. Docket No.: FE 410178-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.: FE 410178-RO
J.T. TAI and CO., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: FA 410192-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed on May 17, 1991 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 January 14, 1991, 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 February 7, 1991, the owner denied the
allegations set forth in the tenant's complaint or otherwise
asserted that all required services are being maintained.
Thereafter on March 27, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
The Rent Administrator directed on April 12, 1991 restoration of
these services and further ordered a reduction of the stabilized
In its petition for administrative review, the owner states, in
substance, that the tenant did not provide access to the owner's
contractors until nearly two months after the owner's initial
investigation of the tenant's complaint; and that any delay in
making said repairs was caused by the tenant, as the owner was
"ready and willing" to effect repairs at an earlier date.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted.
The record shows that repairs have been performed ten days prior to
the issuance of the Administrator's order; that when apprised of the
tenant's complaint, the owner by certified letter dated January 4,
1991 requested access to the apartment to determine the nature and
extent of repairs needed; that on January 31, 1991, the owner with a
representative of Guy Construction Corp. of New York inspected the
Adm. Rev. Docket No.: FE 410178-RO
apartment; that pursuant to said inspection, it was determined that
certain repairs were needed; that immediately thereafter, the owner
attempted to schedule access with the tenant for repairs; that the
tenant, however, advised the owner that access would not be
permitted until the period beginning March 29, 1991; that in
complying with the tenant's request, the owner by certified letter
dated March 7, 1991 advised the tenant that repairs would be made
between the hours of 8:30 AM to 5:00 PM on April 2, 1991; that
pursuant to the March 7, 1991 correspondence, access was provided to
the owner's contractors who did repair and restore all services.
The owner submitted a copy of the January 24, 1991 certified letter
requesting access to the apartment; a copy of the tenant's letter
dated February 25, 1991 postponing access until the period beginning
March 29, 1991; a copy of the March 7, 1991 certified letter
advising the tenant of a schedule repairs between 8:30 AM and 5:00
PM on April 2, 1991; and copies of the paid invoices of Trinity
Plumbing Co., Inc. and Guy Construction Corp of New York.
Accordingly, the Commissioner finds that while alleged conditions
existed at the time of the inspection, said services were
subsequently restored by the owner when the tenant provided access
prior to the issuance of the order.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted, and
that the District Rent Administrator's order be, and the same hereby