Adm. Review Docket No: FE 430167-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.: FE 430167-RO
:
JEFFREY KENT, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EK 410191-HW
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 14, 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.
The tenant commenced this proceeding on November 19, 1990 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on January 18, 1991, the owner asserted that all
required repairs are being made and denied the allegations set forth
in the tenant's complaint.
Thereafter on March 12, 1991, an inspection of the subject apartment
was conducted by a DHCR inspector who confirmed the existence of
defective conditions.
The Administrator directed restoration of these services on April 5,
1991 and further ordered a reduction of the stabilized rent.
In this petition, the owner states in substance that it did not
receive the tenant's complaint; that "all other tenants and
occupants of the building have confirmed" that no defective
conditions exist; and that the complainant-tenant has refused access
for repairs.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record clearly shows that on March 12, 1991, inspection found
the defective conditions in question. Contrary to the owner's
assertion that it had no actual notice of the tenant's complaint,
the owner in fact had four months from the date of service of the
tenant's complaint until the issuance of the Administrator's order
to investigate the tenant's complaint and to make necessary repairs,
but the owner failed to do so.
As to the owner's allegation of tenant refusing access, the owner
Adm. Review Docket No: FE 430167-RO
never asserted this defense in the proceeding below and prior to the
issuance of the Administrator's order. The owner only raised this
defense as a self-serving and unproven assertion on appeal.
Accordingly, the Commissioner finds that the Administrator properly
relied on the results of the inspection; and that, based thereon,
the Administrator properly determined that the owner had failed to
maintain services and properly reduced the tenant's rent.
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application with DHCR for restoration
of rent based upon the restoration of services, if the facts so
warrant.
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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