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.: GI610022RO
2395 Holding Ltd.,
RENT ADMINISTRATOR'S
DOCKET NO.: GC610251S
PETITIONER
SUBJECT PREMISES:
2395 Morris Avenue
Apt. 45
Bronx, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 12, 1992 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 March 11, 1992 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer, the owner asserted that it could not gain access to
the apartment. The owner provided no proof to substantiate this
allegation.
Thereafter, an on-site inspection of the apartment was conducted on
July 30, 1992 by a DHCR inspector who reported that the kitchen
cabinet doors did not close properly; the floor/covering of the
bathroom and the tub was defective, with uneven tiles and holes in
the floor; the bathroom door frame was cracked and broken; the
apartment had vermin; the right side wall of the first bedroom had
holes and was plastered in an unworkmanlike manner; the door frame
of the first bedroom was not properly aligned and defective; the
wood floor of the living room was broken, rough and splintered; and
the apartment entry door frame was not properly aligned.
By an order dated August 12, 1992, the Administrator directed the
restoration of these services and ordered a reduction of the
stabilized rent.
In its petition for administrative review, the owner contends that
it was ready to repair; and it made numerous attempts to gain access
GI610022RO
and failed. The owner submits a copy of an affidavit from the
building superintendent who alleged various unsuccessful attempts to
gain access.
In answer, the tenant states in substance that the defective
conditions continue to exist.
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 petition does not establish any basis for modifying or revoking
the Administrator's order which determined that the owner was not
maintaining required services based on the results of the July 30,
1992 on-site inspection confirming the existence of defective
conditions, for which a rent reduction is warranted.
The defense that tenant refused access is unsubstantiated. The owner
failed to fulfill the evidentiary requirements pursuant to Policy
Statement 90-5 (Arranging Repairs; No Access Inspections) which
includes, in relevant part, two letters to the tenant requesting
access, one by regular mail and the other by certified mail with a
return receipt.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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 Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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