Adm. Review Docket Number: FF 110048-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.: FF 110048-RO
:
VIG ASSOCIATES, DRO DOCKET NO.: ED 110088-S
:
SUBJECT PREMISES:
PETITIONER : 43-31 Ithaca St., Apt. No.407
------------------------------------X Elmhurst, New York 11373
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 5 , 1991, the above-named owner filed a petition for
administrative review of an order issued on May 22, 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 April 5, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on May 4, 1990, the owner asserted that all
required repairs had been or would be completed. The owner also
asserted that because the tenant refused access for painting, the
tenant offered to do the painting himself.
Thereafter on April 6, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector, who confirmed that "there are
large severe water stains and peeling paint and plaster on ceiling
and wall around right-side window in living room."
On May 22, 1991, the Rent Administrator directed restoration of
these services and further ordered a reduction of the stabilization
rent.
In this petition, the owner contended that the tenant refused access
despite owner's reasonable offer of various opportunities to have
the apartment painted; and that the tenant painted the apartment on
his own as indicated by the tenant's letter dated April 30, 1990.
The Commissioner is of the opinion that this petition should be
denied.
Adm. Review Docket Number: FF 110048-RO
The Commissioner finds that the Administrator properly based its
determination on the entire record, including the results of the
inspection conducted on April 6, 1991 and that pursuant to Section
2523.4(a) of the Code, the owner had failed to maintain services.
Moreover, the owner had thirteen 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 do necessary
repairs, but the owner failed to do so.
The Commissioner also finds that the owner failed to prove to the
Rent Administrator the tenant's refusal of access pursuant to Policy
Statement 90-5 "Arranging Repairs; No Access Inspections."
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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