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.:FC210027RO
Glenie Thomas, RENT ADMINISTRATOR'S
655 Alabama Avenue
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on January 29, 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 July 2, 1990 by filing a
complaint asserting that the owner had failed to maintain numerous
services in the subject apartment.
In an answer filed on July 27, 1990, the owner denied the tenant's
allegations and otherwise asserted that the tenant moved into a
renovated apartment a year ago; that the tenant was taken to court
for non-payment of rent; that the tenant damaged the apartment and
caused the defective conditions; and that the tenant refused access
to the premises. The owner provided no attachments or substantiation
to these bare assertions.
Thereafter, a physical inspection of the subject apartment was
conducted on October 10, 1990 by a DHCR staff member who confirmed
the existence of twenty-three (23) defective conditions.
On October 30, 1990, DHCR mailed the owner a copy of Policy
Statement 90-5 which explains to the owner the requirements to
schedule a No Access inspection for arranging repairs. The owner was
requested to submit information/evidence within twenty days from the
date of mailing. The owner failed to respond.
By an order dated January 29, 1991, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the
inspector's findings are questionable if the tenant caused these
conditions and refused access; and repeats the bare allegations in
the answer to the complaint.
DHCR mailed a copy of the petition to the tenant.
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
October 10, 1990 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The owner's petition fails to establish that the inspector's
findings are questionable, that the tenant caused these conditions,
and that the tenant refused access. Accordingly, the Commissioner is
of the opinion that this petition should be denied.
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