ADM. REVIEW DOCKET NO.: AI 210087 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.:
AI 210087 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.: KS 003377-S
PREMISES: 333 Neptune
Ave., #1C, Brooklyn, NY
CBS MANAGEMENT,
PETITIONER :
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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 concerning the housing
accommodations relating to the above described docket number.
The Commissioner has reviewed all of 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 the proceeding below by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Rent Administrator directed restoration of these
services and further ordered, a reduction of the stabilization
rent.
In its petition for administrative review, the owner states,
in substance that the tenant refuses to allow repairs to be
performed.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Despite the owner's contention, the report of the agency
ADM. REVIEW DOCKET NO.: AI 210087 RO
inspector disclosed the existence of defective conditions.
In addition, the owner's allegation regarding access to the
subject premises for the purpose of restoring services was not
raised before the Rent Administrator below, thus cannot be
considered on appeal for the first time.
Based on a preponderance of the evidence, the Commissioner
finds insufficient reason to disturb the Rent Administrator's
order, and it should be affirmed.
This order is issued without prejudice to the owner's right
to file a restoration of services application.
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 Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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