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.:FC110194RO
Chi-Ming Liu, RENT ADMINISTRATOR'S
21-71 27 Street
PETITIONER Astoria, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on February 26, 1991 concerning the
housing accommodations relating to the above-described docket
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 March 16, 1990 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted that the tenant refused access by
allowing repairs only on May 5 and 26, 1990, which are Saturdays,
when the law requires repairs to be performed on weekdays from 9:00
AM to 5:00 PM.
Thereafter, a physical inspection of the subject apartment was
conducted on May 23, 1990 by a DHCR staff member who confirmed the
existence of defective conditions.
On June 1, 1990, DHCR mailed to the owner a copy of "Policy
Statement 90-5 (Arranging Repairs; No Access Inspection)" requesting
submission within twenty (20) days from the date of mailing the
necessary evidence for denied access as explained in the Policy
Twenty (20) days elapsed, and the owner failed to submit any
evidence pursuant to the Policy Statement.
On December 17, 1990, DHCR informed the owner to submit within
twenty (20) days information on whether the defective conditions as
found by a May 23, 1990 inspection still exist.
Twenty (20) days elapsed, and the owner failed to respond to DHCR's
December 17, 1990 request concerning the defective conditions.
On February 13, 1991, another physical inspection of the subject
apartment was conducted by a DHCR staff member who confirmed the
following defective conditions:
1. The kitchen linoleum is worn and cracked; a large linoleum
2. The middle piece of the bathtub faucet (diverter valve) is
3. There is a missing towel rack set.
4. There is a missing medicine cabinet.
5. There is a defective air valve in the bathroom.
6. The bedroom door knob is missing.
7. The kitchen light chain is inoperative.
By an order dated February 26, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends without any substantiation that
the tenant refused access.
In answer, the tenant denied in substance refusing access.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
February 13, 1991 inspection which confirmed the existence of
defective conditions, warranting a rent reduction. The issue of
denied access was unsubtantiated by the owner in the proceeding
below before the Administrator and in this petition.
The owner is advised to file a rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA