DOCKET NUMBER: AI 410063-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 410063-RO
:
DRO DOCKET NO.: AA 400060-S
JACOB HOLZER PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 12, 1986 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on August 12, 1986 by the
Rent Administrator concerning the housing accommodations known as 230 West
48th Street, Apartment 2A, New York, New York.
The herein appealed order of the Rent Administrator reduced the subject
stabilized rent to reflect roach infestation in public areas and defective
windows throughout the apartment. The order was based on a physical
inspection conducted on June 10, 1986.
In his petition the owner alleges that he provides regular exterminator
service, submitting invoices, and that the tenant refused access to his
superintendent in August 1986 and to a contractor in June 1986 to make
repairs, submitting statements from those persons.
In response the tenant, among other things, denies that she ever refused
access.
It appears that services were ultimately restored and a subsequent order
was issued on January 20, 1989 restoring the rent (CB 410076-OR).
The Commissioner is of the opinion that the petition should be denied.
A physical inspection, which carries more weight than the allegations of
the parties, disclosed that the owner's attempts at extermination were not
effective.
The Commissioner also notes that the owner was served with the tenant's
complaint in January of 1986 but made no allegations of difficulty gaining
access until after the Administrator's order was issued. It also appears
that the owner had managed to gain access to make other repairs in the
apartment.
The Commissioner finds that the Administrator's determination was correct.
This order does not affect the abovenoted rent restoration order.
DOCKET NUMBER: AI 410063-RO
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and that
the order of the Rent Administrator be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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