GF420068RO
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
REOPENED
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GF420068RO
FRAN PEARL EQUITIES CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: ED420726S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING AFTER REOPENING
On June 10, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 6, 1992. The order concerned housing
accommodations known as Apt 2B located at 710 Amsterdam Ave., New
York, N.Y. The Administrator ordered a $15.00 per month rent
reduction for failure to maintain required services.
On April 30, 1993 the Commissioner issued an order denying the
owner's petition for administrative review. On May 5, 1993 the
owner requested reconsideration of the Commissioner's order based
upon an irregularity in a vital matter. On June 1, 1993 the
Commissioner issued an order reopening this proceeding.
The Commissioner has again reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on April 27, 1990 by
filing a Statement of Complaint of Decrease in Services and
asserting that the owner had failed to maintain certain required
services in the subject apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner's attorney filed a response on
June 14, 1990 and stated, in sum, that he was representing the
owner in this matter and that the tenant had refused to grant
access to the subject apartment despite the owner's requests. The
owner attached a copy of a certified letter sent to the tenant
wherein access was demanded. The owner filed a further response on
June 20, 1990 and stated that the tenant had refused access to the
owner on June 15, 1990 although the owner had duly notified the
GF420068RO
tenant to be available to admit repairmen to the apartment.
The Administrator ordered a "no access" inspection of the
subject apartment. Although the Administrator notified the owner
and tenant of the date and time of the inspection, the Commissioner
notes that the owner was represented by counsel and that counsel
was not notified of the impending inspection. The inspection was
conducted on April 6, 1992. The owner was not present. The
inspector reported the following:
1. Broken toilet tank,
2. Uneven kitchen floor,
3. Broken living room ceiling.
The inspector also reported that the kitchen water pressure was
adequate.
The Administrator issued the order here under review on May 6,
1992 and ordered a $15.00 per month rent reduction based on the
report of the inspector.
On appeal the owner, as represented by counsel, states that
the tenant refused to provide access to the owner, that the tenant
had filed an additional complaint which was assigned Docket No.
ED420759S, that the complaint was dismissed by the Administrator
based on the failure of the tenant to give access for a physical
inspection on two different occasions, that the owner believed that
the dismissal of that complaint resolved the matter with the DHCR,
that the owner had a good faith belief that this matter had been
resolved, that a clerical error by the owner's staff contributed to
the belief that the matter had been terminated, and that the
failure to afford access to the apartment should bar the tenant
from obtaining a rent reduction. The petition was served on the
tenant on June 19, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the proceeding should be remanded to the Administrator for
further processing.
The Commissioner is of the opinion that the failure to notify
the owner's counsel of the time and place of the "no access"
inspection was a violation of Section 2203.6(a) of the Rent and
Eviction Regulations, governing the sending of communications to
counsel who have filed an appearance before the agency. The
Commissioner therefore revokes the order here under review and
remands this proceeding to the Administrator for the ordering of a
new "no access" inspection. The Administrator will notify all
parties including the counsel to the owner of the date and time of
the inspection.
GF420068RO
THEREFORE, pursuant to the Rent and Eviction Regulations
for New York City it is
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that this proceeding be, and the same
hereby is, remanded to the Administrator for further processing
consistent with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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