Adm. Rev. Docket Number: FF 110080-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 110080-RO
:
DISTRICT RENT ADMINISTRATOR'S
ESCO ASSOCIATES, : DOCKET NOS.: FA 110147-OR/
EG 110416-S
: SUBJECT PREMISES:
94-26 34 Rd., Apt. No. D1,
PETITIONER : Jackson Heights, N.Y. 11372
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1991, the above-named owner filed a petition for
administrative review of an order issued on May 28, 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
issue raised by the petition.
On January 15, 1991, the owner commenced this proceeding by filing
an application to restore rent because "the tenant has unreasonably
refused to permit owner/agent to restore service."
In its answer filed on February 14, 1991, the tenant denied refusing
access and otherwise asserted that repairs can only be done as per
her letters to the owner "every afternoon after 5 P.M. as well as on
Saturdays."
Thereafter, an inspection of the subject apartment pursuant to
Policy Statement (90-5) "Arranging Repairs/No Access Inspection" was
conducted on April 9, 1991 by a D.H.C.R. inspector who confirmed
that services have not been restored.
In this inspection, both the tenant and the owner/agent were
present. The inspector reported that the tenant refused access to
owner's workers stating "she has to go to work and she's available
(at home) everyday after 4:00 P.M." The inspector further asserted
that the "owner's worker assistant... had no tools at the time of
inspection."
On May 28, 1991, the Administrator issued an order based on the
inspection, denying the owner's application and continuing the rent
reduction in effect. The Administrator also added that the "owner
and his repair person were not ready, willing and able to make the
repairs at the time of "No Access" inspection as per D.H.C.R.
inspector."
In this petition, the owner denied the inspection report or
otherwise asserted that it was available then to do repairs in the
Adm. Rev. Docket Number: FF 110080-RO
subject apartment, but that the tenant refused access.
In reply, the tenant stated in substance that the inspector's
findings should be upheld.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
Although the owner contends that the tenant refused access, the
Commissioner notes that the owner failed to prove said contention
pursuant to Policy Statement (90-5) "Arranging Repairs/No Access
Inspections." The record clearly shows that though all parties were
present at the No Access Inspection, the "owner's worker
assistant... had no tools at the time of inspection."
Accordingly, the Administrator correctly concluded that the "owner
and his repair person were not ready, willing and able to make the
repairs at the time of "No Access" inspection as per D.H.C.R.
inspector."
The parties are advised that if a No Access inspection has to be
scheduled again, said inspection is conducted during regular
business hours and for immediate repairs.
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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